Law360, New York (July 25, 2011, 4:08 PM ET) -- An Arkansas federal judge on Friday dismissed a putative class action over Bayer Corp.'s One-A-Day gummies, vitamin supplements that are actually meant to be consumed two at a time, saying the packaging and instructions were not deceptive.
Plaintiff Brad Howard sued Bayer and Bayer HealthCare LLC in November, saying the use of the One-A-Day brand constituted a violation of the Arkansas Deceptive Trade Practices Act and an express warranty.
Howard said he paid for a product where one gummy equals one serving but instead received a...