Judge Orders Mediation in Bayer/FTC Litigation, Private Plaintiffs Want Documents
The supplement industry is concerned that a ruling in favor of the government agency could set a dangerous precedent, requiring companies selling natural products to substantiate their marketing claims with the same evidence that is required of the pharmaceutical industry.
WASHINGTON—A dispute in New Jersey federal court that is being closely followed by the dietary supplement industry is moving deeper into litigation after a judge ordered the parties to file briefs in the case and mediate their quarrel.
The FTC has accused the German conglomerate Bayer Corp. of violating a consent decree by failing to substantiate, or essentially back up with “competent and reliable scientific evidence," its claims that a probiotic supplement known as Phillips’ Colon Health can defend against gas, bloating, constipation and diarrhea.
Citing an agreement between the parties and “good and sufficient cause," U.S. District Judge Jose Linares last month ordered Bayer to respond by Dec. 23, 2014 why it should not be held in civil contempt. The FTC must file its response by Feb. 17, 2015, and Bayer’s reply brief is due by March 17 ahead of a scheduled status conference a day later.
The supplement industry is concerned that a ruling in favor of the government agency could set a dangerous precedent, requiring companies selling natural products to substantiate their marketing claims with the same evidence that is required of the pharmaceutical industry: randomized, double blind human clinical trials.