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Cognitive Dissonance: State and Federal Enforcers’ Case Against Brain Health Dietary Supplement Due For Oral Arguments at the Second Circuit

February 20, 2026 | Blog | By Hope Foster, Robert Kidwell, Lexie Gallo-Cook, Samantha Kingsbury, Sherwet H. Witherington

Legal battle over Prevagen heads to the Second Circuit as FTC and NYAG dispute nationwide injunction, state authority, and standards for dietary supplement claims.

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Acting U.S. Attorney Joshua Levy discussed the enforcement priorities for the Massachusetts U.S. Attorney’s Office (USAO) during a Q&A session on May 29, 2024, and made clear that the historical focus of the office remains the top priority: detecting and combating health care fraud, waste, and abuse. 

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