Bayer Keeps Alka-Seltzer False Advertising Suit in Federal Court

Bayer Corp. can keep a proposed class suit over “non-drowsy” Alka-Seltzer products in the US District Court for the Eastern District of Missouri, following a judge’s ruling that the amount of money at issue meets the $5 million threshold for federal jurisdiction.

Melanie Heidger sued Bayer and related companies in a Missouri state court, alleging they deceptively promoted “non-drowsy” cold and flu products that contain dextromethorphan hydrobromide, a substance scientifically proven to cause drowsiness.

She sought to represent Missouri purchasers who had bought the non-drowsy products over a five-year period, and stipulated that the plaintiffs will disclaim recovery of any ...