One A Day False Ad Action Survives Dismissal Bid

Law360, New York (June 28, 2010, 3:42 PM EDT) -- A putative class action accusing Bayer Corp. of misrepresenting the health benefits of its vitamins has survived a dismissal bid from the pharmaceutical giant, a sign of momentum for a suit whose prospects looked bleak when a federal judge dismissed it without prejudice in February.

The second amended complaint in the case, filed in March, laid out evidence of original research and asserted well-supported claims of injury, curing the defects that doomed the earlier version, Judge Dana M. Sabraw of the U.S. District Court for the...
To view the full article, register now.