Bayer Wants Out Of Probiotic False Ad Class Action

Law360, Chicago (August 20, 2013, 8:38 PM EDT) -- Bayer HealthCare LLC asked a New Jersey federal judge Tuesday to toss a class action accusing the company of making spurious health benefit claims about its digestive supplements, saying the complaint fails to meet the heightened pleading standard for fraud.

The plaintiffs haven't sufficiently pled that they suffered an "ascertainable loss," nor have they connected that purported loss to the alleged illegal marketing of the supplements — essential elements to stating a claim under the New Jersey Consumer Fraud Act, according to a brief filed by...
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