Department of Justice Files Motion Against Bayer Corporation
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Image author: Bayer HealthCare AG(NEW YORK) — The U.S. Department of Justice has filed a motion to hold Bayer Corporation in civil contempt for making false claims about its product, Phillips’ Colon Health.
Bayer is accused of claiming that its product can “defend against” occasional constipation, diarrhea, gas and bloating in print and television advertisements, as well as on the product’s packaging — claims that the Department of Justice say imply that it cures or treats those conditions. The company, however, “lacks competent and reliable scientific evidence for those claims,” according to the Justice Department’s complaint.
A court order involving the DOJ and Bayer in 2007 prohibited the company from making fraudulent claims about any dietary supplement that it produces. The DOJ claims that Bayer has violated the court order and should be held in civil contempt.
“The Department of Justice will not tolerate companies that seek to gain an unfair advantage over their competitors by promoting to consumers unsubstantiated claim about the health benefits of their products,” Assistant Attorney General Stuart Delery said in a statement.
The original court order was entered after Bayer allegedly claimed that its One-A-Day WeightSmart multivitamin and dietary supplement helped prevent weight gain associated with slowed metabolism in adults over 30. Following a Department of Justice complaint in that case, Bayer agreed to pay $3.2 million and avoid making unsubstantiated claims about its products.
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