aibioNiagen Bioscience details consumer class actions, Thorne suit and Elysium fee appeal
Tickers NAGE
Niagen and its ChromaDex subsidiary are sued in two consumer class actions and a Thorne patent case. A Federal Circuit ruling on a $9.2 million fee award to Elysium is pending.
Key facts
- Company
- Niagen Bioscience, Inc. (NASDAQ: NAGE)
- News type
- Legal
- Primary source
- Niagen Bioscience 10-Q for the quarter ended June 30, 2026 (SEC EDGAR)
Niagen Bioscience, Inc. (Nasdaq: NAGE) reported several court matters in its 10-Q filed August 4, 2026. Niagen and its subsidiary ChromaDex, Inc. face two putative consumer class actions over Tru Niagen advertising, filed May 28 and June 16, 2026 in federal courts in Central and Southern California. Thorne Research, Inc. and Thorne HealthTech, Inc. sued Niagen, ChromaDex, Inc. and QUB on April 28, 2026 in the District of South Carolina. Niagen also awaits a Federal Circuit ruling on a $9.2 million fee judgment won by Elysium Health, Inc.
The 10-Q gives no case numbers for the class actions or the Thorne suit and names no individual defendants or class action plaintiffs. In a separate suit brought by Niagen, the defendants are the FDA, the Department of Health and Human Services and certain federal officials.
The cases
The class action complaints allege that certain advertising and marketing claims about Tru Niagen were false or misleading. They seek monetary and equitable relief for proposed nationwide and state classes under consumer protection and related laws.
Thorne seeks a declaratory judgment that certain Thorne products do not infringe U.S. Patent No. 12,252,506, plus damages and injunctive relief. Its claims are tortious interference with contract, intentional interference with prospective business relations and unfair competition under South Carolina law. The complaint arises from communications asserting infringement and a patent enforcement proceeding started through Amazon's Patent Evaluation Express program. On June 22, 2026 Thorne also petitioned the Patent Trial and Appeal Board for inter partes review (IPR2026-00400) of claims 1 through 12 and 21 through 35 of the '506 patent.
The Elysium matter began when Niagen and Trustees of Dartmouth College sued Elysium Health in the District of Delaware on September 17, 2018, alleging patent infringement. On September 21, 2021 the court granted Elysium summary judgment that the claims were invalid as patent-ineligible subject matter. The appeals court affirmed on February 13, 2023, and the Supreme Court denied review on October 16, 2023. On March 25, 2024 the district court granted Elysium's motion for attorneys' fees and costs. Its final judgment of October 28, 2024 awarded $9.2 million, plus interest at 5.02% compounded annually.
Defendants
The class actions name Niagen and ChromaDex, Inc., which the 10-Q lists as a wholly owned subsidiary. The Thorne suit names Niagen, ChromaDex, Inc. and QUB. The 10-Q identifies QUB as Queen's University Belfast, the counterparty to a December 2025 assignment agreement under which Niagen acquired certain patent rights. The 10-Q names no officer or director in any of these matters. In the fee dispute Niagen is the appellant and Elysium Health, Inc. has the judgment.
Where it stands
On July 17, 2026 the court ordered the two class actions consolidated and told the plaintiffs to file an amended consolidated complaint by August 14, 2026. Niagen believes the claims are without merit and intends to defend vigorously.
In the Thorne case, Niagen says it cannot estimate a loss. The Patent Trial and Appeal Board had not decided whether to institute review. Niagen plans to oppose, including with a discretionary denial brief and a patent owner preliminary response.
Niagen appealed the fee judgment to the Federal Circuit on November 25, 2024. Briefing ended with a reply brief on April 25, 2025, and the court heard oral argument on July 9, 2026. No ruling has been made. The district court approved a bond and stayed enforcement on December 6, 2024.
Related matter
On February 3, 2026 Niagen sued the Food and Drug Administration, the Department of Health and Human Services and certain federal officials in the District of Columbia over September 2025 FDA response letters on nicotinamide mononucleotide. The FDA moved to dismiss on procedural grounds on April 28, 2026. Niagen seeks no money damages.
Why it matters to shareholders
Management says it is reasonably possible that a contingent liability will arise from the Elysium judgment. It puts the amount at about $10.4 million, including estimated post-judgment interest through the anticipated appeal. It recorded no accrual at June 30, 2026 and says no liability would arise if the appeal succeeds. Niagen also recorded no accrual for the class actions or the Thorne suit, which it considers too early to estimate.