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Neuriva Brain Booster $8 Million False Ad Deal Gets Early Nod

April 26, 2021, 1:56 PM

An $8 million false ad class settlement between Neuriva memory supplement consumers and Reckitt Benckiser LLC and RB Health (US) LLC won a Florida federal court’s tentative approval.

David Williams and others alleged the companies deceptively touted the brain booster as “backed by science” and “clinically proven” to improve brain performance when there is no scientific or clinical proof that Neuriva provides any benefit to the brain.

The nationwide deal covers individuals who bought Neuriva products after Jan. 1, 2019, for personal use. Class members with proof of purchase are eligible to recover up to $65. Those without proof may recover up to $20.

The companies also agreed to change all references from “clinically proven” and “science proved” on Neuriva labeling and ancillary marketing to “clinically tested” and “science tested” or other similar language.

Magistrate Judge Jonathan Goodman of the U.S. District Court for the Southern District of Florida granted preliminary approval April 23.

Plaintiffs’ attorneys will seek up to $2.9 million for fees and expenses. They will also seek incentive awards up to $2,000 each for five class representatives.

The final approval hearing is set for Aug. 17, 2021.

Whitfield Bryson LLP; Greg Coleman Law PC; Levin Papantonio Rafferty; Barbat Mansour Suciu & Tomina PLLC; Bursor & Fisher PA; and Shub Law Firm LLC were appointed class counsel. Perkins Coie LLP and Bilzin Sumberg represented Reckitt Benckiser and RB Health.

The case is Williams v. Reckitt Benckiser LLC, S.D. Fla., No. 1:20-cv-23564, 4/23/21.

To contact the reporter on this story: Julie Steinberg in Washington at jsteinberg@bloomberglaw.com

To contact the editors responsible for this story: Rob Tricchinelli at rtricchinelli@bloomberglaw.com; Patrick L. Gregory at pgregory@bloomberglaw.com

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