Sarah Mirando  |  January 1, 2013

Category: Legal News

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Bayer One-A-Day Men's Health FormulaA federal judge had dismissed a consumer class action lawsuit accusing Bayer of making deceptive advertising claims about the prostate health benefits of its One-A-Day Men’s Health Formula multivitamins. The ruling comes just one month after a class action lawsuit settlement was reached in a separate case involving Ohio purchasers of Bayer One-A-Day Men’s multivitamins.

U.S. District Judge Timothy M. Cain dismissed the Bayer One-A-Day class action lawsuit after denying class certification and finding the court lacked jurisdiction. Judge Cain found plaintiff Christopher Spelman failed to show his claim was typical among other proposed Class Members or that the proposed class had enough in common to proceed together versus filing individual claims. Cain also found Spelman was not an adequate class representative.

Spelman filed the Bayer One-A-Day Men’s vitamin class action lawsuit in January 2010, alleging Bayer made misleading marketing claims that taking the One-A-Day vitamins would reduce the risk of developing prostate cancer.

Spelman said he relied on those claims when buying the multivitamins and would not have purchased them if Bayer had not “falsely and deceptively represented” that they could prevent prostate cancer.

Similar claims were made in a separate class action lawsuit filed in Ohio. Bayer agreed to a $300,000 class action lawsuit settlement in that case in November. Class Members of the One-A-Day Men’s vitamin settlement have until May 23, 2013 to file a claim for a cash refund.

Spelman was seeking to represent all consumers that purchased the One-A-Day Men’s Health Formula multivitamins from June 2002 through November 2009 on claims of fraud, misrepresentation, negligence and unjust enrichment.

The dismissed Bayer One-A-Day Men’s Health Formula Class Action Lawsuit case is Spelman et al. v. Bayer Corp. et al., Case No. 10-cv-00091, U.S. District Court for the District of South Carolina.

The plaintiff is represented by John B. White Jr. and Donald C. Coggins Jr. of Harrison White Smith & Coggins PC, Fletch Trammell of Bailey Perrin Bailey and W. Craft Hughes of Hughes Ellzey LLP.

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One thought on Bayer One-A-Day Men’s Health Formula Class Action Lawsuit Dismissed

  1. Martin Vargas jr says:

    I use to take these vitamins.

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