How class actions get invented

Sean Wajert on a class action filed against Bayer:

Plaintiffs are consumers who claim to have purchased Bayer combination aspirin and dietary supplement products. They do not claim that they were injured by these products or that the products were ineffective. Instead, plaintiffs seek damages because they say they would not have purchased these products if they had known that Bayer, instead of submitting a New Drug Application (“NDA”) for each of these combination products, relied on the preexisting separate regulatory review of aspirin and the supplements.

More: Ron Miller.

One Comment

  • What? Are the plaintiff’s Food and Drug or hatch-waxman lawyers? Nobody buys any drug little lone an OTC drug based on an NDA status.