3rd Circuit Vacates Bayer WeightSmart Vitamin Class For Lack Of 'Ascertainability'

3rd Circuit Vacates Bayer WeightSmart Vitamin Class For Lack Of 'Ascertainability'

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Aug. 21 vacated certification of a Florida statewide class of consumers who bought Bayer Corp.'s WeightSmart combination multivitamin/dietary supplement, saying the plaintiff has shown no reliable way to ascertain class membership and valid claims (Gabriel Joseph Carrera, et al. v. Bayer Corporation, et al., No. 12-2621, 3rd Cir.; 2013 U.S. App. LEXIS 17479).

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