There is no widely reported open class action lawsuit specifically targeting companies promoting unapproved Alzheimer’s supplements as of now, but there have been significant legal actions and regulatory scrutiny related to false advertising and unsubstantiated claims in the brain health and memory supplement market. These legal actions highlight the ongoing tension between supplement makers and regulatory authorities over the marketing of products that claim to improve cognitive function or treat Alzheimer’s disease without sufficient scientific evidence.
One notable example is the case involving Prevagen, a popular memory supplement. The Federal Trade Commission (FTC) and the New York Attorney General filed a lawsuit against Prevagen’s manufacturer for making misleading claims about the product’s ability to improve brain function and memory. In 2024, a jury found that many of Prevagen’s claims were not supported by reliable scientific evidence and were materially misleading. As a result, the company was prohibited from making such claims in its marketing. This case, while not a class action, represents a significant legal precedent in challenging unproven supplement claims related to brain health.
Beyond Prevagen, the broader supplement industry faces regulatory challenges regarding the promotion of ingredients that are not approved as dietary supplements or drugs. For example, nicotinamide mononucleotide (NMN), an ingredient investigated for anti-aging and Alzheimer’s-related benefits, has been the subject of a petition to the FDA. A pharmaceutical company argued that NMN should not be marketed as a dietary supplement because it falls under the drug exclusion clause of the Federal Food, Drug, and Cosmetic Act. This reflects regulatory efforts to prevent companies from marketing substances with drug-like claims without proper approval.
The supplement market for brain health is fraught with risks beyond false claims. Studies have found that some brain supplements contain unlisted pharmaceutical compounds, which can pose serious health risks, especially for older adults who are the primary consumers of Alzheimer’s-related products. Experts caution that no legal supplement ingredient has been proven to improve memory or cognitive function reliably, and some supplements may even be harmful.
Legal and regulatory enforcement in this area is complicated by ongoing challenges to the authority of agencies like the FTC and FDA. Some supplement makers and advocacy groups have filed lawsuits and petitions seeking to reduce the burden of proof required to substantiate health claims, arguing that the government should have to prove claims false rather than companies proving them true. These efforts, if successful, could weaken consumer protections against misleading advertising.
While there is no single, large-scale open class action lawsuit currently dominating the landscape against companies promoting unapproved Alzheimer’s supplements, the combination of regulatory actions, individual lawsuits, and ongoing debates about the standards for health claims indicates a highly active and contentious environment. Consumers should remain cautious about supplements claiming to treat or prevent Alzheimer’s disease, as many such claims lack scientific backing and may be subject to legal challenges or regulatory bans.
