HOUSTON (FOX 26) - There's no ifs, ands, or buts in the online testimonials.
The dietary supplement Prevagen can improve your memory and on every Prevagen package, consumers are told your memory will improve in 90 days.
"Who wouldn't want to take a supplement that says maybe you'll start remembering why you walked into a room when you forgot?" said attorney David W. Hodges.
"I started having slight memory loss," said 77-year-old Eula Hayes who took Prevagen for 7 to 8 months. "The only thing that happened I developed a rash I can't say it was from that but once I stopped taking it the rash went away,"
In a class action lawsuit, Hodges accuses Prevagen maker Quincy Bioscience of false and misleading advertising designed to dupe consumers into purchasing a supplement that has no effect whatsoever on the brain.
"They are modern-day snake oil salesmen," Hodges said. "They know it's not improving your memory and they're making tens of millions of dollars off of a product which is snake oil."
Lawsuits filed by the Federal Trade Commission, the New York Attorney Generals Office, and the A.A.R.P all accuse Prevagen of deceiving millions of aging Americans.
An attorney for Prevagen sent us this response:
"Prevagen's claims are backed by solid science. We are prepared to defend that fact in court and in fact Quincy Biosciences has been vigorously defending against claims like this for the past two years. The Texas case is just the latest copycat lawsuit."