BBB National Programs Archive

Supplements Maker Legacy Labs Says it will Permanently Discontinue Challenged Claims for ‘Cognitine’ Following NAD Inquiry

New York, NY – Aug. 25, 2016 – Legacy Labs, LLC., the maker of the dietary supplement “Cognitine,” said it will discontinue all challenged advertising claims for the product following an inquiry by the National Advertising Division.

NAD is an investigative unit of the advertising industry’s system of self-regulation. It is administered by the Council of Better Business Bureaus.

Kyowa Hakko Bio., Inc., the maker of a competing product, filed a challenge to claims made for Cognitine with NAD. NAD requested Legacy Labs provide substantiation for claims that include:

  • “Complete Brain Support Formula.”
  • “You will have incredible focus and mental health in a matter of days and stabilize your mood as well.”
  • “Cogntine is a complete brain support formula designed to support cognition through every stage of life.”
  • “Cognitine works by giving you the optimal dosage of purest ingredients need to boost your brain’s ability to heal itself and restore cognitive function.”
  • “Cognitine provides essential daily neurotransmitter support and additional nutraceuticals that help learning, memory, focus, and concentration.”
  • “Cognitine contains a powerful, synergistic formula of nine heavily researching ingredients that support learning, memory, focus, and concentration.”

The advertiser represented in writing to NAD that the company became defunct in March 2016, that its website is no longer operational and it has no intention of reintroducing Cognitine to the market at a later date.  The advertiser also agreed to permanently discontinue the challenged claims.

The advertiser noted that many of challenged claims appear on websites that are not affiliated or owned by Legacy Labs.  The advertiser agreed to make every effort to reach out to these website owners and request that the claims be removed immediately.

In reliance on the advertiser’s representation that these claims had been permanently discontinued, NAD did not review these claims on their merits.  The voluntarily discontinued claims will be treated, for compliance purposes, as though NAD recommended their discontinuance and the advertiser agreed to comply.

Note: A recommendation by NAD to modify or discontinue a claim is not a finding of wrongdoing and an advertiser’s voluntary discontinuance or modification of claims should not be construed as an admission of impropriety. It is the policy of NAD not to endorse any company, product, or service. Decisions finding that advertising claims have been substantiated should not be construed as endorsements.