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Bayer Sued for False Claims in Men's One A Day Multivitamin Advertising
Friday, 02 October 2009, 11:30 AM
The Center for Science in the Public Interest (CSPI) has filed a lawsuit against Bayer over what the organization says are false claims made in the advertising for Bayer’s Men’s One A Day Multivitamins. The lawsuit, filed with the Superior Court of California, claims that Bayer’s One A Day Men’s Multivitamins do not “support prostate health nor reduce the risk of prostate cancer,” despite the fact that Bayer's advertising efforts make these claims, according to a statement issued by the CSPI.
The lawsuit goes on to state that the CSPI has previously sent a letter to Bayer, notifying the company that it “was acting in violation of law.” According to the CSPI statement, Bayer then promised to stop making prostate claims for the vitamins. However, CSPI notes, the claims are still on boxes currently for sale and nothing will prevent Bayer from making such claims again in the future. The lawsuit requests that the Court declare Bayer’s claims “unlawful and unfair” and “enjoin Bayer from making such prostate claims in the future.”
Bayer had not commented on the lawsuit as of Oct. 1. The trade publication Brandweek reported that Bayer “became aware of a lawsuit via CSPI’s press release [Oct. 1], but had not yet been served or reviewed the suit.”
However, in the past, Bayer has threatened to sue CSPI for libel for publicly refuting Bayer’s prostate claims. CSPI executive director Michael F. Jacobson told PRNewswire, “Bayer's threat to sue CSPI is clearly designed to have a chilling effect on free speech and to intimidate us into silence. I'm confident, however, that the FTC, the FDA, and the courts will all take careful note of the facts of this case, as well as Bayer's long history of flouting the law. It takes a lot of chutzpah for a company with such a long record of corporate malfeasance to level libel charges against a nonprofit organization.”
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