3rd Circ. Adopts Unheard-Of Consumer Class Action Hurdle

Law360, New York (September 18, 2013, 9:14 PM EDT) -- The Third Circuit recently sank a false advertising lawsuit against Bayer Corp. by holding that, without receipts or sales records, there may be no reliable way to identify class members, a game-changing decision that makes it significantly tougher for consumers to target food and other low-cost products in a class action.

In a precedential Aug. 21 opinion, a three-judge panel reversed a New Jersey federal judge's certification of a class of Florida consumers who claim Bayer falsely advertised the metabolism-boosting benefits of its One-A-Day WeightSmart vitamin....
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