Bayer Healthcare’s marketing campaign questioned

Bayer Healthcare’s marketing campaign has been brought into question, with Hagens Berman filing a class action against the company.

The proposed nationwide lawsuit alleges the pharmaceutical organisation skirted US Food and Drugs Administration (FDA) requirements in advertising two aspirin-based drugs.

The over-the-counter products – Bayer Aspirin with Heart Advantage and Bayer Women’s Low Dose Aspirin + Calcium – are said to reduce the risks of osteoporosis and heart disease in women.

However, these medical claims require an approved new-drug application to be considered legal in order for marketing to occur.

Steve Berman, managing partner of Hagens Berman and lead attorney for the prosecution, said: “This suit is a direct response to Bayer’s scheme to convince millions of consumers to buy the drugs sidestepping FDA oversight.”

“[The company] knew that these drugs were illegally targeted at consumers susceptible to the claims,” he added.

The FDA normally allows over-the-counter pain reliever sales, as long as they include standard directions and labelling for the consumer.

However, both drugs in question were marked as a combination of a drug and dietary supplement in a single tablet, which requires approval before marketing and is not allowed to be sold over-the-counter, the suit claims.

Bayer Healthcare employs 51,500 people worldwide.