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IN RE BAYER PHILLIPS COLON HEALTH PROBIOTIC SALES PRACTICES LITIGATION

Civil Action No. 11-3017 (JLL).

IN RE: BAYER PHILLIPS COLON HEALTH PROBIOTIC SALES PRACTICES LITIGATION.

United States District Court, D. New Jersey.

November 6, 2014.

Attorney(s) appearing for the Case

DENNIS M. CAVANAUGH, Mediator, represented by DENNIS MICHAEL CAVANAUGH , MCELROY, DEUTSCH, MULVANEY & CARPENTER LLP.

DINO RIKOS, Plaintiff, represented by JAMES E. CECCHI , CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C. & LINDSEY H. TAYLOR , CARELLA, BYRNE, CECCHI, OLSTEIN, BRODY & AGNELLO.

TROY YUNCKER, Consol Plaintiff, represented by JAMES E. CECCHI , CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO, P.C..

BAYER HEALTHCARE, LLC, Defendant, represented by LORNA A. DOTRO , COUGHLIN DUFFY LLP & TIMOTHY IGNATIUS DUFFY , COUGHLIN DUFFY LLP.

OPINION

JOSE L. LINARES, District Judge.

This is a putative class action brought by Plaintiffs Troy Yuncker and Dino Rikos on behalf of themselves and all individuals who purchased Bayer's over-the-counter Phillips' Colon Health Probiotic + Fiber product and/or Phillips Colon Health Probiotic Caps (collectively, "Phillips' Colon Health"). Plaintiffs allege, inter alia, that Bayer's representations that Phillips' Colon Health "helps defend against...

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