Vitamin Class Action Remains Alive

SAN FRANCISCO (CN) - A federal judge Tuesday dismissed with leave to amend part of a class action accusing Bayer of misrepresenting the health benefits of its One A Day multivitamins.

Lead plaintiff Colleen Gallagher challenged three statements Bayer made about each of 20 vitamin and mineral supplements at issue: "that the supplements promote or support (i) 'heart health'; (ii) 'immunity'; and (iii) 'physical energy,'" U.S. District Judge William Orrick wrote in a 16-page ruling.

Orrick found that the claims on heart health and immunity are pre-empted as "structure/function claims," which are expressly approved by the U.S. Food and Drug Administration. He granted Bayer's motion to dismiss those claims, with leave to amend, but denied the rest of its motion.

Orrick gave the class 20 days to amend its first two claims.

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