7th Circuit Affirms Judgment For Bayer in Nasal Spray Case

CHICAGO - A federal appeals court affirmed Feb. 18 that warnings accompanying an over-the-counter nasal spray were adequate as a matter of law and precluded suit by a user complaining of permanent injury to nasal tissue. Kelso v. Bayer Corp., No. 02 C-8601 (7th Cir.).

Ted Kelso complained that he began using 'Neo-Synephrine 12 Hour Extra Moisturizing Spray' in 1990 and learned after using the product continuously for three years that he would need sinus surgery to correct permanent damage to nasal tissue.

He alleged that manufacturer Bayer Corp. failed to adequately warn of the dangers.

The U.S. District …