Bayer One-A-Day False Ad Action Scrapped

Law360, New York (July 25, 2011, 4:08 PM EDT) -- An Arkansas federal judge on Friday dismissed a putative class action over Bayer Corp.'s One-A-Day gummies, vitamin supplements that are actually meant to be consumed two at a time, saying the packaging and instructions were not deceptive.

Plaintiff Brad Howard sued Bayer and Bayer HealthCare LLC in November, saying the use of the One-A-Day brand constituted a violation of the Arkansas Deceptive Trade Practices Act and an express warranty.

Howard said he paid for a product where one gummy equals one serving but instead received a product where two gummies equal one serving. Having allegedly gotten less than what he paid...

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