3rd Circ. False Ad Ruling No Class Action Killer, Bayer Says

Law360, New York (January 2, 2014, 6:38 PM EST) -- Bayer Corp. urged the Third Circuit on Monday not to reconsider its decision to reverse class certification in a false advertising action over vitamins, arguing the ruling was not the class action doomsday scenario envisioned by the plaintiff seeking a rehearing.

A three-judge panel ruled in August that a New Jersey federal judge should not have certified a class of Florida consumers who claim Bayer falsely advertised the metabolism-boosting benefits of its One-A-Day WeightSmart vitamin. Without sales receipts or other sales records, it was too difficult to ascertain whether a consumer actually belongs to the class, the appeals court said....

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