Bayer Prevails in Baycol Deceptive Marketing Class Action
December 29, 2009
CHICAGO - To maintain an action against a drug maker under the Illinois Consumer Fraud and Deceptive Business Practices Act, a plaintiff must actually be deceived by a statement or omission by the defendant and the mere sale of a prescription drug is not a representation that the drug is safe for its intended use, the state high court has ruled. De Bouse v. Bayer, No. 107528 (Ill. Sup. Ct.).
In a Dec. 17 opinion, the Illinois Supreme Court concluded that a state trial court erred in denying Bayer's motion for summary judgment on claims that it deceptively marketed its …