Bayer One-A-Day WeightSmart Class Action Settlement

Consumers who purchased Bayer One-A-Day WeightSmart vitamins in the State of Florida from Jan. 1, 2002 through Jan. 8, 2015 may be eligible to claim between $15 and $250 from a class action lawsuit settlement over claims the dietary supplements were deceptively advertised.

If granted final approval, the Bayer WeightSmart settlement will resolve a long-running class action lawsuit (Carrera v. Bayer Corp., fka as Gray v. Bayer) that alleges Bayer made misleading advertising and marketing statements that One-A-Day WeightSmart 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.”

“In reality, Bayer’s One-A-Day WeightSmart products do not live up to these promises, a fact which was confirmed by the January 2007 Consent Decree entered into between Bayer and the Federal Trade Commission (‘FTC’), in which Bayer agreed to pay a multi-million dollar civil penalty for violating an earlier FTC order governing the promotion, advertising and marketing of its ‘One-A-Day’ products,” the class action lawsuit claims.

Bayer denies the allegations and has been vigorously fighting the WeightSmart class action lawsuit and proposed settlement for years.

The case was originally filed in 2008 by plaintiff Dianne Gray, and amended twice — once in 2009 and once in 2010 by the new lead plaintiff, Gabriel Carrera.

In 2013, Bayer convinced the Third Circuit Court of Appeals to reverse a lower court’s certification of a Class of Florida consumers who purchased One-A-Day WeightSmart vitamins, arguing that there was no reliable way to identify eligible Class Members. Bayer argued that most consumers would not still have their store receipts for proof of purchase, which opened the door for fraudulent claims.

The Third Circuit agreed, rejecting plaintiff Carrera’s argument that “Class membership could be ascertained by looking at retailer records for consumer loyalty cards and online purchases. The court found that there was no proof that retailers had these records. Further, they found that they could not rely on affidavits submitted by consumers who swore that they purchased the vitamins because there was no way to prove they were truthful.” [See: Third Circuit Adds New Barrier to Class Action Lawsuits.]

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.

The appeals court eventually sided with the plaintiff, and the proposed Class and class action settlement were preliminarily approved by a New Jersey federal judge on Dec. 18, 2014.

Who’s Eligible

Class Members include any one who purchased Bayer One-A-Day WeightSmart dietary supplements and vitamins in the State of Florida from Jan. 1, 2002 through Jan. 8, 2015.

Potential Award

$15 – $250. Class Members who do not have proof of purchase can submit a Claim Form to receive $15.00 for all purchases of WeightSmart, subject to pro rata reductions if the claims for payment exceed the Settlement Fund. Class Members with proof of purchase can submit a Claim Form to receive up to a maximum of $250.00 for all purchases of WeightSmart, also subject to pro rata reductions.

Proof of Purchase

Proof of purchase is not necessary, but will ensure that your claim is approved and that you receive the maximum award allowed under the class action settlement.

Claim Form

Claim Form Deadline

05/04/2015

Case Name

Gabriel Joseph Carrera v. Bayer Corporation and Bayer Healthcare, LLC, Case No. 08-cv-04716 (JLL), U.S. District Court for the District of New Jersey

Final Hearing

04/27/2015

Settlement Website

www.BayerFloridaSettlement.com

Claims Administrator

Bayer Florida Settlement Administrator
c/o Angeion Group
1801 Market Street, Suite 660
Philadelphia, PA 19103

Phone: 1-800-362-8008
Email: Bayer@AngeionGroup.com

Class Counsel

James E. Cecchi, Esq.
Lindsey H. Taylor, Esq.
CARELLA, BYRNE, CECCHI, OLSTEIN, BRODY & AGNELLO, P.C.

Joe R. Whatley, Jr., Esq.
Patrick J. Sheehan, Esq.
WHATLEY KALLAS, LLP

Defense Counsel

Lorna A. Dotro

COUGHLIN DUFFY LLP

UPDATE: On Aug. 3, 2015, viewers began reporting they were receiving checks in the mail from the Bayer WeightSmart class action settlement. Congratulations to everyone who submitted a valid claim and got PAID!