Law360, New York (August 01, 2012, 8:19 PM ET) -- The Product Liability Advisory Council on Monday warned the Third Circuit that maintaining the certification of a class of consumers who say Bayer Corp. falsely advertised the metabolism-boosting benefits of its One A Day WeightSmart vitamins could set a precedent undermining the right of businesses to due process.
Bayer is appealing the November 2011 certification of a class of Florida WeightSmart purchasers. The trade group said in an amicus brief supporting the company that true class membership in the action will be impossible to ascertain because...