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ARTICLE · 26 APRIL 2019

Just How Smart Are You?

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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And if these practices weren't enough to get the FTC's attention, the defendants also engaged in deceptive marketing practices.

United StatesMedia, Telecoms, IT, Entertainment

What do Bill Gates, Elon Musk, Anderson Cooper and Stephen Hawking have in common?  They're all really smart men whose names were used to promote a dietary supplement touted as "Viagra For the Brain." Indeed, not only were their names (and likenesses) used in the ads, but they were cited as the sources of testimonial claims about the product.

And what do the marketers of these products have in common?  They've all settled FTC charges that they deceptively marketed "cognitive improvement" supplements using fake news websites containing false and unsubstantiated efficacy claims, references to non-existent clinical studies, and fraudulent consumer and celebrity endorsements.

The FTC's complaint against the companies and their individual owners alleged that the claims that the products improve short and long term memory, increase focus and concentration, increase users' IQ (and more) were all false and unsubstantiated.  In addition, the complaint alleges that although

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www.fkks.com

This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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