One A Day
Facts-only compliance record. Every entry is source-backed and dated.
Event Timeline
Final approval: Florida One-A-Day WeightSmart class settlement; $500,000 fund; fees $125,000; incentive $5,000
On April 27, 2015, the U.S. District Court for the District of New Jersey filed a final approval order and judgment in Carrera v. Bayer Corporation and Bayer Healthcare, LLC, Civil Action No. 2:08-cv-04716 (JLL)(JAD) (Document 147). Judge Jose L. Linares signed the order. Defendants are Bayer Corporation and Bayer Healthcare, LLC. Plaintiff is Gabriel Joseph Carrera. The order certifies, for settlement purposes, a class of all persons in the State of Florida who purchased One-A-Day WeightSmart dietary supplements and vitamins. Excluded are federal judges to whom a WeightSmart action has been assigned and members of their families within the first degree of consanguinity, and all officers and directors of Bayer. The order states the court gave preliminary approval on December 22, 2014. The plaintiff's November 21, 2014 preliminary-approval papers state that payments are made by check from a common fund of $500,000.00 provided by Bayer, that class members who submit valid claim forms showing the actual price paid may receive a refund up to $250, and that class members without proof of purchase receive a refund of $15. The final-approval order's recital states that the April 27, 2015 hearing was to determine whether class counsel's request for attorneys' fees and reimbursement of expenses in the amount of $125,000.00 should be awarded and whether an incentive award to the plaintiff should be approved. Paragraph 15 grants that fee request. Paragraph 16 approves an incentive award to the class representative of $5,000. Paragraph 13 dismisses all claims against Bayer in the action on the merits and with prejudice, without fees or costs except as provided in the order. Paragraph 17 states that nothing in the order, the class settlement, the settlement agreement, or related documents is or shall be deemed or construed to be an admission or evidence of any violation of any statute or law or of any liability or wrongdoing by Bayer. The amended complaint (Document 53, filed August 17, 2010) alleges that Bayer represented One-A-Day WeightSmart could increase metabolism, prevent weight gain associated with the decline in metabolism that occurs after the age of 30, and help to generally promote weight maintenance.
CA, IL, and OR final judgment: Bayer HealthCare $3,300,000 over One A Day multivitamins (Bus. & Prof. Code 17200 and 17500, not Prop 65)
On October 26, 2010, California Attorney General Edmund G. Brown Jr. announced a $3.3 million settlement with Bayer Healthcare, joined by the attorneys general of Illinois and Oregon, over claims for One-A-Day men's multivitamins. The final judgment in The People of the State of California v. Bayer Healthcare LLC, San Diego County Superior Court No. 37-2010-00103098-CU-MC-CTL, states that the complaint was filed pursuant to California Business and Professions Code sections 17200 and 17500 et seq. Bayer denies the allegations of the complaint and denies any alleged violations. The judgment is made without trial or adjudication of any issue of fact or law or finding of wrongdoing or liability of any kind, and Bayer does not admit any violation of law or any wrongdoing. Signatory Attorney General means the Attorney General of California, Illinois, or Oregon, or a designee. The judgment's footnote defines State Consumer Protection Laws as California Business and Professions Code sections 17200 et seq. and 17500 et seq.; the Illinois Consumer Fraud and Deceptive Business Practices Act; and the Oregon Unlawful Trade Practices Act, Or. Rev. Stat. sections 646.605 to 646.656. This is not a Proposition 65 action. Covered Product means any dietary supplement in Bayer's line of One A Day Multivitamins, including but not limited to One A Day Men's Health Formula and One A Day Men's 50+ Advantage. Section VI.A requires Bayer, within thirty days of the effective date, to pay $3,300,000.00 to the States by electronic fund transfer made payable to the Oregon Attorney General's Office, which divides and distributes the funds as the Signatory Attorneys General designate. The complaint's two causes of action are Business and Professions Code section 17500 (untrue or misleading representations) and section 17200 (unfair competition). The complaint alleges promotional claims that One-A-Day Men's Health Formula and One-A-Day Men's 50+ vitamins reduce a man's risk of developing prostate cancer. The judgment orders that Bayer shall not represent that One A Day Men's Health Formula or One A Day Men's 50+ Advantage is effective in the diagnosis, cure, mitigation, treatment, or prevention of any disease, subject to the judgment's FDA-accepted-claims section, and shall not make a representation about the health benefits, performance, or efficacy of any Covered Product unless the representation is non-misleading and, at the time it is made, Bayer possesses and relies upon competent and reliable scientific evidence.
FTC/DOJ: Bayer Corporation $3.2 million civil penalty for One-A-Day WeightSmart; Miles order C-3323; no admission
On January 3, 2007, at the Federal Trade Commission's request, the Department of Justice filed a complaint and proposed consent decree against Bayer Corporation in the U.S. District Court for the District of New Jersey. The FTC case page identifies the matter as United States of America v. Bayer Corporation, Civil Action No. 07-01 (HAA). The CourtListener docket is 2:07-cv-00001, cause 15:0045 (Federal Trade Commission Act), date filed 2007-01-03, date terminated 2007-01-08, parties United States and Bayer Corporation. The Commission's January 4, 2007 press release states that Bayer Corporation will pay a $3.2 million civil penalty to settle allegations that advertisements for One-A-Day WeightSmart multivitamins violated a 1991 Commission order against Bayer's predecessor, Miles Inc., requiring claims about the benefits of One-A-Day brand vitamins to be supported by competent and reliable scientific evidence. The FTC's Miles, Inc. page identifies that order as Docket No. C-3323. The press release says the complaint alleges unsubstantiated claims that One-A-Day WeightSmart increases metabolism; enhances metabolism through its EGCG content; helps prevent some of the weight gain associated with a decline in metabolism in users over age 30; and helps users control their weight by enhancing their metabolism. In addition to the civil penalty, the press release states Bayer is prohibited from violating the FTC order and from making unsubstantiated representations regarding the benefits, performance, efficacy, safety, or side effects of any dietary supplement, multivitamin, or weight-control product. The Commission vote to accept the settlement was 5-0. The press release states that the proposed consent decree is for settlement purposes only and does not constitute an admission by the settling defendant of a law violation.