Bayer Scores a Big Win in Action Involving Dietary Supplement Claim Substantiation

By Jennifer M. Thomas –

On October 1, 2015, the U.S. District Court for the District of New Jersey unsealed its opinion in United States v. Bayer Corp., No. 07-cv-00001 (D.N.J. Sept. 24, 2015), confirming a significant defeat for the government, and a clear victory for Bayer.  Whether the decision represents a victory for the dietary supplement industry as a whole remains to be seen, depending on the government’s response to the case with respect to its enforcement efforts going forward and whether the government will appeal this ruling.

We have previously blogged about the Bayer case here and here, and those postings include links to key documents including the underlying 2007 consent decree, the government’s motion for an Order to Show Cause, Bayer’s response to that motion, the Council for Responsible Nutrition’s and Natural Products Association’s requests to participate as amici, and the Court’s Order granting the government’s motion for an Order to Show Cause.

We will post a more detailed analysis of the Bayer case and its potential effects in the coming days.