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Hagens Berman Files Class Action Against Bayer Healthcare Over Misleading Marketing Campaign
Date:11/19/2008

SEATTLE, Nov. 19 /PRNewswire/ -- A group of consumers filed a proposed nationwide class-action lawsuit earlier this week against Bayer Healthcare LLC, a subsidiary of Bayer AG (FRA: BAY), alleging the pharmaceutical giant skirted FDA requirements in marketing two aspirin-based drugs.

(Logo: http://www.newscom.com/cgi-bin/prnh/20080317/AQM144LOGO)

The suit states that Bayer markets two of its over-the-counter products -- Bayer Aspirin with Heart Advantage and Bayer Women's Low Dose Aspirin + Calcium -- as products that reduce the risks of heart disease and osteoporosis in women. According to the plaintiffs, these medical claims require an approved new-drug application to be considered legal for marketing purposes.

The lawsuit, filed in U.S. District Court in New Jersey by Seattle-based Hagens Berman, alleges Bayer used improper marketing tactics aimed at heart patients fearing high cholesterol and heart disease with Bayer Aspirin with Heart Advantage, and women fighting osteoporosis with Bayer Women's Low Dose Aspirin + Calcium.

"Bayer knew that these drugs were illegally targeted at consumers susceptible to the claims -- consumers who feared heart disease and women concerned with fighting osteoporosis," said Steve Berman managing partner of Hagens Berman and lead attorney for the plaintiffs. "This suit is a direct response to Bayer's scheme to convince millions of consumers to buy the drugs sidestepping FDA oversight."

While both drugs are labeled as a pain reliever with additional benefits, neither drug is approved by the FDA for use, the lawsuit claims. If approved by the court, the class action case would represent purchasers of the over- the-counter drugs across the country.

Reports also indicate the two drugs require a health care professional's diagnosis and supervision.
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SOURCE Hagens Berman Sobol Shapiro
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