By Hector Gonzalez
Special to The Lookout

April 15, 2016 -- A City complaint against a Santa Monica-based maker of energy drinks that promise improved memory and brain function ended in a $500,000 penalty against the company and a court order to quit advertising such claims, City officials said Thursday.

Although it did not admit to any liability, Neurobrands LLC agreed this week to pay the penalties and restitution and change its marketing practices, in an agreement signed by Superior Court Judge Lisa Hart Cole.

An investigation by the Santa Monica City Attorney's Office and the Los Angeles County District Attorney's Office led to the civil complaint against Neurobrands, which makes Neuro Sonic, Neuro Daily, Neuro Bliss and Neuro Sleep, officials said.

Prosecutors alleged the company violated California's laws against false advertising, as well as “several federal food safety laws and regulations,” said Greg Risling, a public information officer for the county prosecutor's office.

A call the company Thursday seeking comment was not returned.

On its website, Neurobrands says its drinks are formulated “by leading experts in nutrition and food science, neurocognitive research and clinical nutrition.”

The beverages contain a blend of vitamins, minerals, amino acids and “proprietary ingredients,” according to the website.

Started in 2007, Neurobrands sells its products nationwide at many large supermarket and grocery chains, City officials said. The company also uses social media and “catchy advertising campaigns” to expand its sales.

But the company's claims that its colorful, carbonated drinks boost mental focus, relieve muscle cramps, strengthen the immune system and improve sleep patterns are not backed by any scientific evidence, said Adam Radinsky, Santa Monica chief deputy city attorney in the consumer protection unit.

“Words matter,” he said in a statement issued Thursday. “Especially as more and more people become concerned about what they eat and drink, a product’s health claims need to be fair and accurate.”

“If something is claimed to have health benefits, the manufacturer needs to back that up with reliable scientific evidence,” said Radinsky.

As part of Cole's court order, Neurobrands must immediately stop its allegedly unsubstantiated marketing claims.

“Consumers are not expected to be research scientists. They’re entitled to rely on what they read and hear,” said Santa Monica Deputy City Attorney Eda Suh.

The company also must maintain “competent and reliable scientific evidence” to support all future health-related claims, City officials said.

Future labels on Neuro Bliss, Neuro Daily, and Neuro Sonic must clarify that they are conventional beverages, not “dietary supplements,” officials said.

Neurobrands must also change the marketing and branding of one of its products, Neuro Sleep,"to treat it as a true dietary supplement, not a beverage."

It must also assure that the caffeine level in another one of its product, its Neuro Sonic drink, conforms with (Federal Drug Administration) FDA food safety requirements, City officials said.