Plaintiff May Amend False Advertising Claims Against Bayer

LOS ANGELES - A California appellate court has allowed a plaintiff to restate with particularity claims accusing Bayer Corp. of false and misleading advertising of its now-withdrawn cholesterol drug Baycol. In re Baycol Cases I and II, No. B204943 (Calif. App., 2nd Dist.).

On Oct. 20, the California Court of Appeal, Second District, ruled that the trial court should have granted Bayer's demurrer with leave to amend, thereby allowing the plaintiff to amend his claims to allege that the drug maker's unfair, unlawful and deceptive acts in marketing Baycol caused him to purchase the drug.

In September 2001, Douglas Shaw …