>Bayer Healthcare
Date Filed: November 17, 2008
Court: U.S. District Court
Location: New Jersey

Hagens Berman Sobol Shapiro filed a proposed class action against Bayer Healthcare for potentially illegally marketing two unapproved drugs, Bayer Aspirin with Heart Advantage and Bayer Women's Low Dose Aspirin + Calcium.

Both of the drugs are currently sold over-the-counter and according to the Food and Drug Administration require an approved new drug application to be considered for legal marketing.

The drugs both contain aspirin with either phytosterols or calcium in addition to being labeled as pain relievers. Both drugs promote use of the pills to reduce the risks of heart disease while the women's low dose aspirin also claims to fight osteoporosis. Currently the two drugs are only FDA approved for pain treatment, according to reports.

Reports indicate these drugs require a health care professional's diagnosis and supervision, meaning these products can't be labeled for use by consumers and the FDA bans such drugs from over-the-counter sales altogether.

If you've ever purchased either of the drugs, we'd like to hear from you. You can join this investigation, e-mail info@hbsslaw.com or call (206) 623-7292.

UPDATES:

March 30, 2010 – Brian Cogan, U.S. District Court Judge for the Eastern District of New York rejected Bayer HealthCare LLC’s attempt to dismiss the proposed class action litigation pending against it related to the company’s sale of two over-the-counter combination aspirin products, Bayer Women’s Low Dose Aspirin + Calcium and Bayer with Heart Advantage. Judge Cogan’s decision is a win for consumers, say attorneys from Hagens Berman who currently represent plaintiffs in the case.

The decision denying Bayer’s motion to dismiss permits Plaintiffs to continue with their claims that Bayer falsely represented to consumers that these combination products were FDA-approved and capable of delivering the benefits stated on the product labels. If the case is ultimately successful and approved by the court, consumers who purchased these Bayer pain relievers may be eligible for a refund.

The court order is available for download here. If you purchased Bayer Women’s Low Dose Aspirin + Calcium or Bayer with Heart Advantage and would like to participate in the lawsuit, please join this case.