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October 18, 2012 / Nazareth M. Haysbert

$15 Million Settlement Reached in Bayer Aspirin Class Action False Advertising Lawsuit

A preliminary settlement has been reached in a class action lawsuit against Bayer, the maker of the combination aspirin products Bayer Women’s Low-Dose Aspirin with Calcium and Bayer Aspirin with Heart Health Advantage.  The class action lawsuit alleged that Bayer published false and misleading advertisements regarding the health benefits of the aspirin products, although the products were not FDA approved, and were found to be unsafe for long-term use.  California law prohibits corporations from making any false or misleading advertising claims about their products to consumers.

Bayer denied any wrongdoing, but decided to settle the class action lawsuit, entitled In re: Bayer Corp. Combination Aspirin Products Marketing & Sales Practices Litigation, to avoid further litigation. Under the terms of the settlement, Bayer has agreed to reimburse U.S consumers $4 for each purchase of Bayer Women’s Low-Dose Aspirin with Calcium for personal, family or household use between January 1, 2008 and July 20, 2012, and $6 for each purchase of Bayer Aspirin with Heart Health Advantage for personal, family or household use between January 1, 2000 and July 20, 2012. Class members are entitled to recover these amounts upon the submission of a valid proof of purchase.  Consumers without a valid proof of purchase can submit a claim form and receive a one-time payment of $4 for all purchases of Bayer Women’s Low-Dose Aspirin with Calcium or a one-time payment of $6 for all purchases of Bayer Aspirin with Heart Health Advantage.  The reimbursement amounts are subject to pro rata reductions if the claims for payment exceed the settlement fund.

Once the settlement is approved by the Court, class members who submit a claim form postmarked or submitted online by April 29, 2013, will be eligible to participate in the settlement. Any consumer who wants to exclude themselves from the settlement must do so postmarked by December 20, 2012.  Objections to the settlement must be postmarked or delivered to the Court by February 5,2013.  The final Fairness Hearing is scheduled for March 13, 2013 at 10:00 a.m. at the United States District Court for the Eastern District of New York, 225 Cadman Plaza East, Brooklyn, New York, 11201.

If you or someone you know has been misled or harmed by false claims about a product, contact Khorrami, LLP for more information and a free consultation regarding your possible claims.

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