Another Court Ruling Rejects RCT Standard For Supplement Claims

Two years after Bayer prevailed against FTC's demand for RCTs to substantiate claims for its Phillips Colon Health probiotic, a judge dismisses a class action complaint targeting the product, saying the plaintiffs did not support their argument and their expert expected supplements to be evaluated as drugs.

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A ruling on a class action complaint targeting Bayer HealthCare LLC's Phillips Colon Health probiotic, like an earlier decision on the Federal Trade Commission's challenge of the same product, says that clinical trials are not required to substantiate a dietary supplement claim.

In US District Court for the New Jersey District, Judge John Vazquez granted a motion attorneys for the Bayer AG business filed in May 2016 to dismiss the complaint filed in 2011 by consumers in California and Illinois

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