Bayer One-A-Day WeightSmart Class Action Settlement Checks Mailed

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Viewers of Top Class Actions are reporting they have received checks worth $15 in the mail from the Bayer One-A-Day WeightSmart class action settlement.

The settlement resolves a long-running class action lawsuit (Carrera v. Bayer Corp.) that alleges Bayer made misleading statements about its One-A-Day WeightSmart product, including that it had the ability to “increase metabolism, prevent weight gain associated with the decline in metabolism that occurs after the age of 30, and help to generally promote weight maintenance.”

The Bayer WeightSmart class action lawsuit was initially filed in 2008 by plaintiff Dianne Gray. It was subsequently amended, and in 2010, Gabriel Carrera filed an amended complaint as the new lead plaintiff.

In 2013, Bayer convinced the 3rd U.S. Circuit Court of Appeals to reverse a lower court’s certification of a Class of Florida consumers who purchased WeightSmart vitamins, arguing there was no reliable way to identify eligible Class Members because most consumers would not have retained receipts. Carrera appealed the decision, arguing that it created an “unprecedented hurdle” for plaintiffs in class action lawsuits who purchased inexpensive products that most consumers would not keep a receipt for. On appeal, the court eventually sided with Carrera and reversed the previous ruling.

Bayer denies the allegations but agreed to settle the class action lawsuit to avoid the expense and uncertainty of ongoing litigation. The Bayer WeightSmart settlement received preliminary approval in December 2014.

Under the terms of the WeightSmart class action settlement, Class Members include anyone who purchased Bayer One-A-Day WeightSmart dietary supplements and vitamins in the State of Florida from Jan. 1, 2002 through Jan. 8, 2015.

Class Members who did not submit proof of purchase with their Claim Form were eligible to receive a cash payment of up to $15, while Class Members who did submit proof of purchase with the Claim Form were eligible to receive a maximum of $250 for all purchases of WeightSmart.

The deadline to file a claim for the Bayer WeightSmart class action settlement passed on May 4, 2015.

The Bayer One-A-Day WeightSmart Class Action Lawsuit is Gabriel Joseph Carrera v. Bayer Corporation and Bayer Healthcare LLC, Case No. 08-cv-04716 (JLL), in the U.S. District Court for the District of New Jersey.

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