Gallagher, et al. v. Bayer AG, et al., No. 3:14-cv-04601-WHO

Northern District of California

Class:  All persons in California, New York and Florida who purchased Bayer One A Day supplements that contained one or more claims of heart, immunity or energy benefits


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Robert N. Kaplan

Laurence D. King
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Linda M. Fong

Kaplan Fox seeks declaratory, injunctive and monetary relief related to Bayer’s practice of claiming “heart health,” “immunity support” and “energy” benefits related to its line of One A Day vitamin supplements.  The amended class complaint alleges that these claims are unsupported by science and mislead consumers as to the actual benefits of these products.  On March 10, 2015, the Northern District of California denied in part Bayer’s motion to dismiss, allowing the case to proceed. 

On November 16, 2017, after extensive expert and fact discovery, the Court denied Bayer’s motion for summary judgement, and certified three classes of consumers in California, New York and Florida. The option was temporarily sealed pending redactions, and was reported by Law 360 here.

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