Class Cert. In Bayer Case Threatens Due Process, Group Says

Law360, New York (August 1, 2012, 8:19 PM EDT) -- 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...
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