A federal judge in California has approved a class action lawsuit filed in 2009 alleging that pharmaceutical giant Bayer misled the public by claiming its men’s multivitamin products had the ability to support prostate health. The complaint is just the latest in a series of lawsuits filed against the company over claims it made about prostate cancer and selenium-containing multivitamin supplements. According to the plaintiffs in the new case, consumers were duped into paying over the odds for Bayer’s One-A-Day Men’s Health Formula and Men’s 50+ Advantage vitamins, which claimed to ‘support prostate health.’
Free Bayer Multivitamin Lawsuit Evaluation: If you or a loved one has suffered an injury you feel may have been caused by Bayer multivitamin supplements, you should contact our law firm immediately. You may be entitled to compensation by filing a suit against Bayer and we can help.
What’s the problem?
February 7, 2012 - Judge Anthony J. Battaglia granted the plaintiff’s motion for a class action lawsuit last Friday, stating: “The court agrees with plaintiffs that common questions predominate over individual questions.”
The complaint alleges that Bayer did not have “credible and realistic support for the promise” of the multivitamins’ ability to support prostate health. The plaintiffs are also claiming that recent scientific studies have shown that, for a certain percentage of men, elevated levels of selenium may actually increase the risk for prostate cancer. For its part, Bayer has stated that the claims at issue “Must be evaluated in the context of scientific evidence available at the time.”
The Bayer multivitamin class action lawsuit seeks to include all consumers who purchased One-A-Day Men’s Health Formula and Men’s 50+ Advantage vitamins in California from the date of the original marketing claim through May 31, 2010.
The claim that selenium “supports prostate health” has been called a structure/function claim, whereas statements about cancer risk and selenium are considered qualified health claims. In 2009, Bayer agreed to update packaging and promotional materials to exclude reference to the qualified health claim about the relationship between selenium intake to the reduced risk of certain cancers. However, later that year, the Center for Science in the Public Interest (CSPI) filed a lawsuit against Bayer for allegedly failing to recall packages bearing its earlier claims, and for allegedly failing to amend claims it admitted were misleading.
The lawsuit was subsequently dismissed on procedural grounds. A short time later, the attorneys general of Oregon, California, and Illinois announced a sweeping settlement with Bayer over the same issues. The settlement achieved results similar to what the CSPI lawsuit sought, so the plaintiffs advised Bayer that they would not initiate a second lawsuit.
Announcing the $3.3 million settlement with Bayer and the above-named states, California’s attorney general Edmund G. Brown Jr. stated: “By virtue of this settlement, Bayer has stopped making totally unsubstantiated claims that its One-A-Day multivitamins can reverse men’s risk of developing prostate cancer.”
Do You Have a Bayer Multivitamin Lawsuit?
The Product Liability & Defective Drug Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Bayer lawsuits. We are handling individual litigation nationwide and currently accepting new Bayer multivitamin injury cases in all 50 states.
Free Bayer Multivitamin Lawsuit Evaluation: If you or a loved one has suffered an injury after taking a Bayer multivitamin, you should contact our law firm immediately. You may be entitled to compensation by filing a Bayer multivitamin injury suit and we can help.