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Attorney General Long Adds New Terms to 2007 Judgment Against Bayer Corporation

Attorney General Long Adds New Terms to 2007 Judgment Against Bayer Corporation 

PIERRE, S.D. Attorney General Larry Long today filed a stipulated supplemental judgment in 6th Circuit Court against Bayer Corporation that adds new requirements to a 2007 judgment concerning its product advertising. The 2007 agreement concerned problems with alleged deceptive advertising of products including non-disclosure of safety risks associated with its marketing of Baycol. Today’s judgment alleges that Bayer’s 2008 marketing of the oral contraceptive Yaz violated the earlier agreement. 

The supplemental settlement requires Bayer to submit all future television “direct to consumers” Yaz advertisements to the FDA for pre-approval prior to dissemination in the marketplace; to comply with all suggestions the FDA makes regarding the advertising; and in all Yaz print advertisements, to clearly and conspicuously disclose exactly what is FDA approved when referring to symptoms. 

In an earlier warning letter to Bayer, the FDA  addressed two misleading direct-to-consumer advertisements for Yaz including one where Bayer  “broadened” the promotion to include the symptoms of  relatively common premenstrual syndrome (PMS) when in fact, Yaz was not a approved to treat this condition. The letter also warned Bayer about exaggerating the effects Yaz had on acne. 

In addition to changes in its advertising policies, Bayer also must conduct a $20 million corrective advertising program to remedy misinformation from the misleading YAZ advertisements. 

A total of 27 states participated in the multi-state action against Bayer.

Consumers wanting more information on this case can contact the Consumer Protection Division by calling 1-800-300-1986 or by email at consumerhelp@state.sd.us.

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