Bayer Calls False Ad Class Actions Over Probiotics Flimsy

Law360, New York (October 23, 2012, 5:33 PM EDT) -- Bayer HealthCare LLC urged a New Jersey federal judge Monday to toss three putative class actions alleging it made false health benefit claims in packaging and advertising for its digestive health supplements, arguing the plaintiffs haven't sufficiently alleged harm.

Bayer argues in a summary judgment motion that the three suits over its Phillips Colon Health Probiotic products haven't alleged an ascertainable loss under the New Jersey Consumer Fraud Act. Named plaintiffs Robert Worthington, Dino Rikos and Troy Yuncker accuse Bayer of marketing the probiotic products as...
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