Bayer Asks 3rd Circ. To Decertify Class In Vitamin Ads Row

Law360, Philadelphia (April 16, 2013, 6:35 PM EDT) -- An attorney for Bayer Corp. asked a Third Circuit panel Tuesday to overturn certification of a class of consumers who said the company falsely advertised the metabolism-boosting benefits of a vitamin, contending that it was impossible to determine who the class members were.

Bayer is appealing the November 2011 certification of a class of Florida purchasers of the One A Day WeightSmart vitamin, in which New Jersey federal Judge Jose L. Linares allowed the plaintiffs to establish class membership through claim forms or affidavits, rather than...
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