ROBERT J. CLEARY
United States Attorney
Assistant United States Attorney
Peter W. Rodino Federal Building
7^th Floor
970 Broad Street
Newark, NJ 07102
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA, Plaintiff,
v.
BAYER CORPORATION, a corporation, Defendant.
CIV. ACTION NO.
COMPLAINT FOR INJUNCTIVE AND OTHER RELIEF
Plaintiff, United States of America, acting upon the notification and
authorization to the Attorney General by the Federal Trade Commission
("Commission"), for its Complaint alleges that:
1. Plaintiff brings this action under Sections 5(l), 9, 13(b) and
16(a) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C.
§§ 45(l), 49, 53(b) and 56(a), to obtain injunctive and other relief
from defendant for its violations of a final order to cease and
desist.
JURISDICTION AND VENUE
2. This Court has jurisdiction over this matter under 28 U.S.C.
§§ 1331, 1337(a), 1345 and 1355 and under 15 U.S.C. §§ 45(l), 49,
53(b) and 56(a).
3. Venue in the United States District Court for the District of New
Jersey is proper under 15 U.S.C. § 53(b) and under 28 U.S.C.
§§ 1391(b-c) and 1395(a).
DEFENDANT
4. Defendant Bayer Corporation is an Indiana corporation with an
office and place of business located within the District of New Jersey
at 36 Columbia Road, Morristown, New Jersey 07960.
5. At all times material herein, defendant Bayer Corporation has been
engaged in the advertising, offering for sale, sale or distribution of
Bayer aspirin products and other nonprescription internal analgesic
SNIPPETS:
Assistant United States Attorney
UNITED STATES DISTRICT COURT
UNITED STATES OF AMERICA, Plaintiff,
BAYER CORPORATION, a corporation, Defendant.
COMPLAINT FOR INJUNCTIVE AND OTHER RELIEF
Plaintiff, United States of America, acting upon the notification and authorization to the
Defendant Bayer Corporation is an Indiana corporation with an office and place of business
At all times material herein, defendant Bayer Corporation has been engaged in the
In a Commission proceeding bearing Docket No. 8919, in which Sterling Drug, Inc., and others
In 1980, the U.S. Food and Drug Administration concluded that, based on a review of published
The FDA also concluded that aspirin should be taken for this purpose only under the direction
The FDA therefore permitted aspirin labeling provided to health care professionals, but not
See 53 F.R. 46204 at 46258-59, in which the professional labeling sanctioned by FDA in 1980
In 1985, the FDA concluded that, based on a review of published studies, regular use of
Professional labeling is not provided to the general public, and the information contained in
In addition to disclosing that aspirin is indicated to reduce the risk of heart attacks,
Since 1995, defendant Bayer Corporation has disseminated television and radio advertisements
Video: They're not.
Only Genuine Bayer can help save your life when taken regularly
Video: Close-up of package of Genuine Bayer (SFX: SLAM)
Defendant made the therapeutic performance claim set forth in PARAGRAPH 20 without possessing
regular use of aspirin has not been shown to be appropriate for prevention of heart attacks
Defendant's advertisements, which, for example, contain the statement, "Just ask your doctor"
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