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Bad observational humor does not equal consumer fraud claim



One-A-Day branded vitamins makes a gummy vitamin—but a serving size is two gummies. "Plaintiff Brad Howard sued Bayer and Bayer HealthCare LLC in November, saying the use of the One-A-Day brand constituted a violation of the Arkansas Deceptive Trade Practices Act and an express warranty." Howard complained that he thought he was buying a product where one gummy was one serving, notwithstanding the nutritional label to the contrary. Arkansas federal judge D. P. Marshall Jr. wasn't impressed and threw the case out: "No reasonable consumer... would be deceived." The case is Howard v. Bayer Corp., No. 4:10-cv-1662 (E.D. Ark.). [Law360 ($)]

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Isaac Gorodetski
Project Manager,
Center for Legal Policy at the
Manhattan Institute
igorodetski@manhattan-institute.org

Katherine Lazarski
Press Officer,
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.