Class Action Settled Against Bayer Regarding Men’s Health Vitamins

The class action case against Bayer for false advertising in connection with its Men’s vitamins has been settled.  Bayer has agreed to pay $300,000 to class members submitting proof of their purchase during the class period. 

The complaint was originally filed in 2010, by named plaintiff George McKinney in Ohio federal court.  McKinney alleged that the packaging and advertising for Bayer’s Men’s Health Vitamins made unsubstantiated and false claims concerning its ingredients.  According to the complaint, the packaging stated that the Vitamins’ ingredients support prostate health or otherwise may have benefits in connection with prostate and/or reduce the risk of cancer.  McKinney sued for alleged violations of the Ohio Consumer Sales Practice Act, Ohio Revised Code § 1345, et seq., Ohio Deceptive Trade Practices Act, Ohio Revised Code § 4165, et seq., and for breach of express and implied warranties.

The parties engaged in discovery, but the class action was certified as a class by the Court.  The settlement class members are all persons who purchased Men’s Health in the State of Ohio, from February 2, 2006, through November 30, 2009.  The settlement agreement calls for Bayer to pay $300,000 to class members.  The remainder of any settlement funds not paid out to class members will be distributed to the Prostate Cancer Foundation with specific ear mark for use in Ohio.

Have you been the victim of consumer fraud?  If so, please call Khorrami, LLP for a confidential consultation.