Plaintiffs Robert Gomez and Mark Maurer have filed suit against Pure Nootropics, LLC (Pure Nootropics) over allegations that they falsely advertised their products Pure Nootropics Oxiracetam, Pure Nootropics Aniracetam, and Pure Nootropics Phenylpiracetam. The company purportedly claimed that the products are intended to improve brain functioning, as well as “have meaningful effects on consumers’ memory, learning, focus, energy, and overall mood.” The plaintiff argues that the way Pure Nootropics represents their products is false and not backed by scientific evidence.
Gomez and Maurer are alleging multiple violations of consumer protection laws in New York, unjust enrichment, and breach of implied warranty of merchantability against Pure Nootropics. They are also asserting two forms of economic damages, one being that they would not have purchased or would have paid much less for the product if they had known the advertised effects to be unproven, the other being that they consider the Products to be “worthless because they were ‘adulterated’ and thus illegal to sell.”
Nootropics are “drugs or supplements that are claimed to improve cognitive function, including memory, focus, and other aspects of cognition in healthy individuals.” Since nootropics are recognized as drugs, they require approval from the Food and Drug Administration (FDA) before they can be put on the market. The plaintiffs asserted that not obtaining this approval before marketing the product to the general public makes the drugs sold by Pure Nootropics illegal. They further explained that the FDA made the company aware that their products “are not recognized as safe and effective for the uses and claims made by the Defendant.”
Pure Nootropics marketed their three products using claims that they would “strengthen and/or improve consumers’ memory, learning, focus, energy, and overall mood.” However, the plaintiffs cited a study published by the Neurology Clinical Practice in which they found that the use of nootropic ingredients can pose serious risks to an individuals’ health, especially given the “unpredictable dosing and lack of clinician supervision.” The health risks they mention include fluctuations in blood pressure, insomnia, agitation, dependence, sedation, hospitalization and intubation.
Despite this study and communication from the FDA regarding the products, Pure Nootropics continues to knowingly market their products using the aforementioned misleading advertising tactics, the complaint said. The plaintiffs maintained that the products are illegally distributed and misbranded since they are “analogs of unapproved ‘new drugs,’” and further explain that “such illegally sold products are worthless and have no value.”
Gomez and Maurer are seeking class certification and alleged numerous violations of consumer protections laws as well as unjust enrichment and breach of implied warranty. They are seeking a declaration that the Defendant’s conduct violates certain laws, compensatory, statutory, and punitive damages, in addition to an order enjoining the Defendant from continuing the illegal practice.
The plaintiffs are represented by Bursor & Fisher.