Class Action

Dr. Scholl’s “Custom Fit Orthotic” Inserts

Class Action

Dr. Scholl’s “Custom Fit Orthotic” Inserts

In February 2016, a class-action lawsuit was filed against Bayer Consumer Health for allegedly deceptively marketing Dr. Scholl’s “Custom Fit Orthotic” inserts. The complaint alleges that the company deceptively markets over-the-counter shoe inserts as “custom fitted orthotics” when, in reality, they are standardized, factory-manufactured inserts and do not compare to a custom orthotic device, which is tailored to the measurements of an individual’s feet. In addition, the complaint alleges that Dr. Scholl’s Custom Fit Orthotics Foot Mapping Kiosk makes consumers who use the machine believe that they are having custom orthotics designed for their feet when, in reality, the Kiosk directs consumers to one of fourteen pre-manufactured Dr. Scholl’s over-the-counter arch inserts and the Kiosk is not programmed to refuse offering a product to any consumer who uses it. (Kommer et al v. Bayer Consumer Health, a division of Bayer AG, and MSD Consumer Care, Inc., Case No. 16-cv-1560, S. D. NY.)


Class-Action Tracker

Alka-Seltzer Plus Cold & Flu – Honey Lemon Zest

Class Action

Alka-Seltzer Plus Cold & Flu – Honey Lemon Zest

Allegations: Misleadingly claiming that products contain honey and lemon zest when the ingredients list reveals they don’t contain either Misleadingly marketing products as being for “severe cold & flu” when…

One A Day Chewable Supplements

Class Action

One A Day Chewable Supplements

Allegations: Misleadingly marketing the gummies as if one chewable provides the nutrients represented on the product label without adequately disclosing that the serving size is two gummies

Coppertone Mineral-Based Sunscreens

Class Action

Coppertone Mineral-Based Sunscreens

Allegations: Misleadingly marketing sunscreens as mineral-based when they often contain more chemical active ingredients than mineral active ingredients

Coppertone Water Babies

Class Action

Coppertone Water Babies

Allegations: Marketing sunscreens as “safe and gentle on a baby’s skin” when they contain the carcinogen benzophenone

Roundup Herbicide

Class Action

Roundup Herbicide

Allegations: Failing to warn consumers of the health risks associated with using the product due to its active ingredient


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Claritin-D

Bayer finally agrees to drop “nothing works faster” claim following review.


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