Brainstrong Supplement Marketers Settle FTC Charges that Product Claims Are Deceptive

Image: Pixabay
June 12, 2014

Supplement marketers i-Health, Inc. and Martek Biosciences Corporation have agreed to settle Federal Trade Commission (FTC) charges of deceptive advertising for claiming that their BrainStrong Adult dietary supplement will improve adult memory and prevent cognitive decline. The complaint also alleges the marketers falsely claimed they had clinical proof that BrainStrong Adult improves adult memory.

"Supplement marketers must ensure that adequate scientific proof supports their specific advertising claims," said Jessica Rich, Director of the FTC's Bureau of Consumer Protection. "When the results of a scientific study don't match the hype, consumers are likely to be misled."

Since at least March 2011, i-Health and Martek have sold BrainStrong Adult for about $30 for a 30-day supply at major retail stores, including CVS Pharmacy, Walmart, Walgreens, and Rite Aid; and online through drugstore.com and Amazon.com. They advertised the product – which contains the Omega-3 fatty acid DHA – on television, on Twitter, and at brainstrongdha.com.

In the television ad, a woman forgets why she walked into a room. Through a voice over, her dog tells the audience she is there to find her sunglasses, which are sitting on top of her head. Another voice over then asks, "Need a memory boost? Introducing BrainStrong…Clinically shown to improve adult memory."

The proposed administrative settlement covers any dietary supplement, food, or drug promoted to prevent cognitive decline or improve memory, or containing DHA. It bars the companies from claiming that any such product prevents cognitive decline or improves memory in adults unless the claim is truthful and supported by human clinical testing.

The settlement also prohibits claims about the health benefits, performance, safety, or effectiveness of these products unless the claims are backed up by competent and reliable scientific evidence. Finally, the companies cannot claim they have clinical proof to support their claims when they do not.

For further consumer information, see 'What's in a health claim? Should be a healthy dose of proof.'