DLA Piper secures victory for Bayer in false advertising class action

DLA Piper secured a victory for Bayer Corp. in a consumer class action lawsuit filed in California federal court alleging false advertising.

Lead plaintiffs David Johns and Marc Bordman sued Bayer on behalf of a class of consumers, which challenged Bayer’s advertisement regarding the effectiveness of its One-A-Day Men's Health Formula and Men's 50+ Advantage vitamins.

Judge Anthony Battaglia of the US District Court for the Southern District of California granted summary judgment to Bayer on Unfair Competition Law and California Legal Remedies Act claims, with the plaintiffs having failed to prove the falsity of the advertising claims.

The DLA Piper team representing Bayer was led by Shirli Fabbri Weiss and included Julie Hussey, Ryan Hansen, Amber Holderness, Margaret Craig and Katherine Larson in San Diego; and Erin Frazor in San Francisco.