Bayer Gets Probiotic Label Suit Tossed

Bayer notched an early win in a would-be consumer class suit challenging health representations of its Phillips Colon Health probiotic (In re Bayer Phillips Colon Health Probiotics Sales Prac. Litig., D.N.J., No. 11-03017, unpublished 4/18/17).

Plaintiffs Troy Yuncker and Dino Rikos failed to show that Bayer’s representations that the dietary supplement promotes overall digestive health were false, the U.S. District Court for the District of New Jersey said April 18 in an unpublished decision.

The court granted summary judgment for Bayer.

Consumer litigation against dietary supplement makers has been steady over the past few years, and some say ...