Bayer Wins Dismissal Of RICO Claim In False Ad Fight

Law360, New York (October 20, 2011, 3:12 PM EDT) -- A South Carolina federal judge on Wednesday cut a racketeering claim from a proposed class action accusing Bayer Corp. of falsely marketing One-A-Day men's vitamins as prostate cancer preventatives, ruling the suit failed to allege an “enterprise” separate from Bayer.

U.S. District Judge J. Michelle Childs found that a Racketeer Influenced and Corrupt Organizations Act claim in the suit failed because the allegations indicate that the enterprise — agencies that marketed the vitamins — were only doing Bayer's bidding.

“Although plaintiffs make a legal conclusion that...
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