Brainstorm: FTC Continues Enforcement Trend Against Cognitive Function Claims

Continuing its trend of scrutinizing claims touting improved cognitive function, the Federal Trade Commission recently announced a settlement with LearningRx Franchise Corp. ("LFC"), the developer and franchisor of a chain of "LearningRx centers" providing one-on-one cognitive training to consumers. The FTC's settlement with LFC comes in the wake of several other high-profile FTC actions involving cognition claims, including a $2 million settlement with Lumos Labs, Inc. (brain training app and video games), a $1.4 million settlement with Brain Research Labs, Inc. (dietary supplement), and a stipulated final order with WordSmart Corporation (program to improve test performance). The LFC settlement demonstrates that the FTC continues to prioritize consumer protection actions against companies claiming that the use of their products yields brain-boosting benefits, particularly where those claims suggest that the products are effective to treat or slow the onset