5 Fast Facts to Know About the CVS Algae Supplement Lawsuit

American drugstore giant CVS is being sued for marketing and advertising an algae-based nutritional supplement that claims to enhance memory.

CVS Algae Supplement Lawsuit Information

The Algal-900 DHA supplements are sold as proven memory enhancers. In product packaging sold at CVS, the products claim to offer “clinically shown memory improvement”.

In reality, the evidence used to support these memory boosting claims apparently does not exist. As Consumerist.com explains, “the science used to prop up that claim is allegedly bogus.”

What do you need to know about this lawsuit? How does it affect the exploding world of algae-based nutritional supplements? Here are 5 fast facts to know about the CVS algae supplement lawsuit.

Nutritional Supplements Are Allowed to Make Vague Health Claims

The FDA’s job is to regulate foods and drugs. Nutritional supplements are neither foods nor drugs, so they typically don’t require FDA approval.

That means nutritional supplement manufacturers can make any claims they want – provided these claims are worded in a specific way.

For example, nutritional supplement manufacturers can claim that they “support good vision” or “boost digestive health”. They can’t, however, claim to “treat a bladder infection” or “improve vision” without providing supporting evidence.

Many of these nutritional supplement manufacturers walk a fine line. And this latest lawsuit alleges that Algal900 DHA crossed that line.

The Algae-Based Supplement Claims to Be Clinically Shown to Improve Memory

Algal-900 DHA (Docosahexaenoic acid, which is an omega-3 fatty acid) mentions numerous times on the product packaging that it’s “clinically shown to improve memory”.

It also makes more general claims about supporting good eye and heart health.

It’s okay for a nutritional supplement to claim that it supports good eye and heart health without any supporting evidence.

But it’s not okay for a supplement to say that it improves vision without supporting evidence. That’s where this supplement has got into legal trouble.

A Clinical Study is Listed on the Packaging

The product packaging does list a clinical study that took place. Here’s what the back of the Algal DHA box says about that clinical trial:

“In a clinical study of healthy subjects 55 years and older, after 6 months of rail supplementation with 900mg of algal DHA in an episodic memory test:

— Errors were reduced 50% more in the algal DHA group than in the placebo group.

— When contrasted against expected performance levels, the algal DHA group’s memory improved like it was 7 years younger versus the placebo group which improved by 3.6 years.”

The Center for Science in the Public Interest sued CVS in court earlier this month because it alleges that the above study does not link Algal to any of its purported health benefits.

You can view a PDF copy of that lawsuit here.

FTC Has Previously Discounted Other DHA Supplement Studies

DHA has previously been studied for its link to improved memory.

In 2010, researchers published a study in a journal called Alzheimer’s & Dementia where they found a link between DHA supplements and memory improvement.

But there was one big problem with that study: the lead author was an employee of a company that made these supplements. The FTC looked into the matter and also concluded that the study’s conclusions did not match the data they collected.

You can view the text of that FTC complaint here. FTC Chair Edith Ramirez had the following to say at that time:

“[The research] did not show a pattern of statistically and clinically significant improvements on the episodic memory tasks among subjects who took [the supplements], relative to the placebo group. Specifically, it failed to show meaningful, statistically significant improvements on two of the three episodic memory tasks measured. Further, it failed to demonstrate that the very small, statistically significant improvement on one of those tasks that it did report correlates with improvements in memory tasks outside of the laboratory.”

In other words, the study failed to establish any link between DHA and improved memory.

The FTC took substantial action against the makers of that DHA supplement: the makers of the supplement were barred from making memory improvement claims until they provided relevant scientific evidence. They also were forbidden from using words like “clinically proven”.

Despite that barring, CVS’s latest supplement uses the same questionable study to bolster its own claims.

The Lawsuit Seeks Damages for Anyone Who Purchased Algal-900 DHA Supplements

This latest lawsuit filed by the Center for Science in the Public Interest (CSPI) claims that CVS has failed to adequately warn consumers of the lack of evidence surrounding this product.

Here’s what CSPI’s litigation director had to say:

“CVS cites no scientific evidence that supports the outlandish memory claims used to market Algal-900 DHA supplements. CVS is relying on a discredited study, and one that the FTC has specifically prohibited from being used by another company in this context. And CVS is ignoring a large body of clinical testing and research on omega-3s, DHA and memory that indicates no benefit whatsoever in adults.”

If you look at the Algal-900 packaging, you’ll see little asterisks next to all of the health claims. If you follow those asterisks on the product packaging, you’ll see a disclaimer stating that none of these claims have been evaluated by the FDA – which is standard on all nutritional supplement packaging.

The lawsuit claims that Algal-900’s packaging does not have enough warnings of the lack of FDA evaluation. Specifically, the lawsuit claims that the disclaimer needs to be found on both the front and pack of the packaging – not just the front.

In any case, the lawsuit seeks to represent anyone who purchased Algal-900 DHA at any point after February 1, 2012.

Update: CVS Responds

CVS has responded to the lawsuit. In a statement to Consumerist, CVS had the following to say:

“Our store brands are designed to maximize quality and assure the products we offer are safe, work as intended, comply with regulations and satisfy customers. We have not been served so are unable to comment specifically on the allegations within the complaint.”

Stay tuned for more information about this CVS algae supplement lawsuit as we move forward.