FTC Refunding Consumers Defrauded by Cognitive Improvement Claims

The Federal Trade Commission is mailing 27,174 refund checks totaling over $551,000 to consumers who purchased deceptively marketed “cognitive improvement” supplements.

According to the FTC’s April 2019 complaint, between August 2012 and January 2017, twelve corporate and four individual defendants deceptively marketed “cognitive improvement” supplements using sham news websites containing false and unsubstantiated efficacy claims, references to non-existent clinical studies, and fraudulent consumer and celebrity endorsements.

The FTC approved two separate settlement orders in this case. The first order resolved the allegations against three individual defendants and ten corporate defendants. The second order resolved the allegations against the remaining defendants.

Both orders bar the defendants from making certain disease claims and several cognitive performance claims related to the covered products, including Xcel, EVO, Geniux, and Ion-Z, unless they have competent and reliable scientific evidence to support the claims when they are made. The orders also imposed a combined $623,000 monetary judgment, which the FTC is using to provide refunds to defrauded consumers.

JND Legal Administration, the refund administrator for this matter, will begin mailing checks today. The average check amount is $20.28, and checks must be cashed within 60 days, as indicated on the check.

The FTC never requires consumers to pay money or provide information to cash refund checks. Consumers who have questions about the mailing should call 1-844-908-0532. Consumers who bought Geniux or other covered products, but did not receive a check in this mailing, can contact the refund administrator using the hotline number below.

The FTC’s new interactive dashboards for refund data provide a state-by-state breakdown of the Office Depot refunds, as well as refund programs from other FTC cases. In 2019, FTC actions led to more than $232 million in refunds to consumers across the country.

The Federal Trade Commission works to promote competition, and protect and educate consumers. You can learn more about consumer topics and file a consumer complaint online or by calling 1-877-FTC-HELP (382-4357). Like the FTC on Facebook, follow us on Twitter, read our blogs, and subscribe to press releases for the latest FTC news and resources.