Prevagen False Ad Case Ends In Mistrial After Jury Deadlocks

Law360, Oakland, Calif. (January 14, 2020, 8:01 PM EST) -- A California federal judge declared a mistrial Tuesday after jurors said they were “hopelessly deadlocked” in deciding whether Prevagen maker Quincy Bioscience LLC misled consumers about the cognitive benefits of the popular dietary supplement.

After three days of deliberations, an eight-member jury told U.S. District Judge Haywood S. Gilliam Jr. that the panelists disagreed on whether Quincy’s labels promoting the brain health benefits of Prevagen are false or misleading.

The hung jury in the certified class action ended a trial that kicked off Jan. 7 in a lawsuit that named plaintiff Phillip Racies filed against Wisconsin-based Quincy in January 2015. Federal authorities...

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