Case study

Kommer v. Bayer Consumer Health — Consumer False Advertising Class Action

Complaint Dismissed With Prejudice

Denlea & Carton LLP represented plaintiff James Kommer in a putative consumer class action against Bayer Consumer Health involving the marketing of Dr. Scholl's Custom Fit Orthotic Inserts. Kommer alleged deceptive business practices and false advertising under New York General Business Law §§349 and 350 and sought damages and injunctive relief. The U.S. District Court for the Southern District of New York granted defendants' motion to dismiss.