Joe Rogan's Alpha Brain Pills Are A Scam, New Lawsuit Alleges

A company co-founded by podcaster and celebrity Joe Rogan, and heavily promoted by him on his radio show, is under fire for “blatantly false and deceptive” marketing of supplements designed to increase memory, focus, and processing speed that don’t work, according to a new lawsuit. 

Onnit Labs Inc. has been hit with the lawsuit for its Alpha Brain pills, which cost consumers around $487 to $649 per year, but are just selling a dream, according to the filing.

Buyer says advertised benefits missing in action

50-year-old New York resident Jean Paul Lotz filed the proposed class action lawsuit against the company after buying the pills in 2020 and 2021. Lotz said he relied on the packaging that states clinical support backed up the claims of improving memory, focus, and mental processing speed. However, he didn’t experience any of those effects, and later found out the clinical support touted was an Onnit Funded Study that proved the opposite of what the company was claiming. 

Lotz said he wants to “redress the false, misleading and deceptive advertising and marketing claims” made by Onnit, and expose how its own study contradicts its claims of improving brain health.

Buyer beware: The booming brain supplement market and lack of regulation

As per the lawsuit, the global market for brain-health supplements was around $5.8 billion in 2023. A survey conducted by the American Association of Retired Persons showed that 26 percent of Americans aged 50 and older regularly take supplements, believing they will maintain or enhance their brain health. However, according to the lawsuit, “they are falling prey to false and deceptive claims and wasting their money.”

The Global Council on Brain Health, a prestigious independent collaborative of scientists, health professionals, scholars, and policy experts, is cited in the lawsuit saying “There is no convincing evidence to recommend dietary supplements for brain health in healthy older adults.”

a target="_blank" href="https://www.health.harvard.edu/mind-and-mood/dont-buy-into-brain-health-supplements">Harvard Health reported the main issue with all over-the-counter supplements is lack of regulation. “The FDA doesn't oversee product testing or ingredient accuracy — they just look out for supplements that make health claims related to the treatment of specific diseases.”

That means supplement makers can claim a product helps with mental alertness or memory loss, but not protects against or improves dementia or Alzheimer's disease. “This way manufacturers don't have to back up any claim that their product is effective,” the report says. 

Alpha Brain not the only offender: Past lawsuits against supplement makers

Alpha Brain’s two main competitors, Prevagen, sold by Quincy Bioscience,  Neuriva, sold by Reckitt Benckiser LLC, have both been a target="_blank" href="https://www.washingtonpost.com/health/prevagen-memory-loss-does-it-work/2021/09/10/53e5d3e8-f3a6-11eb-a49b-d96f2dac0942_story.html">sued in class actions and forced to pay out large settlements, the lawsuit details. 

Quincy Bioscience agreed to a settlement of over $40 million and Prevagen had to remove its misleading claims.  The a target="_blank" href="https://www.wired.com/story/prevagen-made-millions-fda-questioned-safety/">Federal Trade Commission and New York Attorney General have also investigated the company.

Meanwhile, the makers of Neuriva, Reckitt Benckiser LLC and RB Health LLC, a target="_blank" href="https://rbsettlement.com/">recently settled a class action lawsuit for $8 million and injunctive relief.

So what can you actually do to improve brain health?

The Global Council on Brain Health doesn’t endorse “any ingredient, product or supplement formulation specifically sold for brain health,” given the under regulation of the market and the potential for consumer harm. 

It says instead the best way to get your nutrients for brain health is from a healthy diet. a target="_blank" href="https://www.health.harvard.edu/mind-and-mood/dont-buy-into-brain-health-supplements">Research shows evidence that certain diets — like the a target="_blank" href="https://www.health.harvard.edu/staying-healthy/can-you-supercharge-the-mediterranean-diet" target="_blank" rel="noopener">Mediterranean diet, the a target="_blank" href="https://www.health.harvard.edu/heart-health/beyond-blood-pressure-added-benefits-from-the-dash-diet">DASH diet, and the MIND diet — can help improve cognitive function. Other activities that can help brain function include getting enough sleep, exercising regularly, staying mentally active and being socially engaged.

In his lawsuit, Lotz is suing Onnit Labs Inc. for damages under violations of New York General Business Law, and seeking $50 or $500 per purchase plus attorneys’ fees. He wants to represent Alpha Brain customers from across the state. 

The plaintiff and proposed class are represented by Philip M. Smith, James R. Denlea,  Jeffrey I. Carton, Steven R. Schoenfeld, and Catherine H. Friesen of Kravit Smith LLP.

The Joe Rogan Alpha Brain pill scam proposed class action lawsuit is Lotz v Onnit Labs Inc., Case No. 7:24-cv-03098 in the United States District Court for the Southern District of New York.