Judge Tosses 'Borrowed' Suit Over Bayer Vitamins

Law360, New York (February 11, 2010, 5:10 PM EST) -- A federal judge has tossed a putative class action that accuses Bayer Corp. of misrepresenting the cancer-preventing nature of a men's vitamin line, striking a first amended complaint for containing only “borrowed” allegations.

Judge Dana M. Sabraw of the U.S. District Court for the Southern District of California on Tuesday granted Bayer's motion to dismiss, saying no allegations remained in the complaint after striking portions in which plaintiffs appeared to base their allegations on other parties' studies and assertions.

The dismissal comes without prejudice and gives...
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