A federal judge recently denied the FTC's request to hold Bayer Corp. in contempt of court for violating a 2007 consent decree. The government had claimed Bayer failed to substantiate its statements that a probiotic supplement helped defend against occasional diarrhea, constipation, gas and bloating. The government's star witness had claimed Bayer needed to conduct human clinical trials to substantiate its statements and meet the FTC standard of "competent and reliable scientific evidence." But U.S. District Judge Jose Linares wasn't persuaded. The decision was viewed as a victory for the dietary supplement industry.
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