Judge Certifies One-A-Day Multivitamin Class Action Lawsuit

A California federal judge last week gave the green light to a 2009 class action lawsuit alleging that Bayer Corp. misled consumers into believing its Men’s One-A-Day multivitamins support prostate health, despite scientific evidence to the contrary.

U.S. District Judge Anthony J. Battaglia certified the Bayer One-A-Day vitamin class action lawsuit, saying “The court agrees with Plaintiffs that common questions predominate over individual questions.”

The Plaintiffs in the Bayer One-A-Day class action lawsuit allege that during the class period, Bayer did not have “credible and reliable scientific support for the promise” that selenium consumption can reduce the risk of prostate cancer. They further allege that recent clinical studies have shown that for some men, increased selenium consumption may actually increase the risk of prostate cancer.

Bayer contends the health claims “must be evaluated in the context of scientific evidence available at the time.”

In 2009, Bayer changed the packaging and promotion materials of its One-A-Day vitamins to remove the claim that selenium intake may reduce the risk of certain cancers after the FDA determined there was not enough evidence to make this claim.

However, several state attorneys general sued Bayer later that year for failing to recall packages bearing its earlier claims, and for allegedly failing to amend claims it said were still misleading. Bayer agreed to a $3.3 million settlement with the states to resolve the charges.

 

The newly certified class action lawsuit covers all California consumers who bought Bayer’s One-A-Day Men’s Health Formula and Men’s 50+ Advantage vitamins prior to May 31, 2010, and claim they paid a premium because of their purported prostate health benefits.