A federal judge has tossed a lawsuit that alleged Bayer made bloated advertising claims for a product for preventing … drum roll… constipation, diarrhea, gas, and bloating. And the ruling may have broader implications for companies selling dietary supplements.
Here’s the back story: For the past seven years, Bayer widely advertised a product called Phillip’s Colon Health for preventing those gastrointestinal problems. But the feds believed the company made claims that lacked scientific evidence, and pointed to a 2007 consent decree, requiring Bayer to back up promotional claims with evidence. The feds argued that Bayer failed to do so, yet implied the elixir could prevent, cure, or treat symptoms of gastrointestinal discomfort.