Bayer WeightSmart Buyers Fail To Win Cert. In Ad Suit

Law360, New York (July 21, 2011, 7:20 PM EDT) -- A New Jersey federal judge on Thursday refused to certify a putative class action accusing Bayer Corp. and Bayer Healthcare LLC of falsely advertising that their One-A-Day WeightSmart vitamins enhance users' metabolism as they age.

In denying plaintiff Gabriel Joseph Carrera's motion for class certification, U.S. District Judge Jose L. Linares ruled a nationwide class of consumers could not be maintained because the court would have to vary its application of the controlling law depending on the state in which the accused product was purchased....
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