Class Cert. Denied In Suit Over Bayer's WeightSmart

Law360, New York (August 7, 2009, 1:22 PM EDT) -- A judge has denied class certification in a suit claiming that Bayer Corp. and Bayer Healthcare LLC were unjustly enriched by advertising without reliable evidence that One-A-Day WeightSmart vitamins enhance people's metabolism as they age.

Judge James Moody of the U.S. District Court for the Eastern District of Arkansas on Thursday denied Mystic Thompson's motion for class certification in the suit, ruling that common issues of law and fact did not predominate over issues particular to each WeightSmart purchaser.

The suit sought restitution, damages and a...
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