Lawsuit Alleges Bayer HealthCare, LLC and Merial Limited Make False and Deceptive Claims In Advertisements For Flea and Tick Products

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Climaco, Wilcox, Peca, Tarantino & Garofoli Co., L.P.A. has filed a class action lawsuit on behalf of dog and cat owners in Ohio alleging, among other things, that Bayer HealthCare, LLC and Merial Limited regularly make false and deceptive claims in advertisements for their flea and tick pet products.

Climaco, Wilcox, Peca, Tarantino & Garofoli Co., L.P.A. has filed a class action lawsuit on behalf of dog and cat owners in Ohio alleging, among other things, that Bayer HealthCare, LLC (“Bayer”) and Merial Limited (“Merial”) regularly make false and deceptive claims in advertisements for their flea and tick pet products.

Bayer is the manufacturer of the family of products made for dogs and cats under the trade names Advantage®, Advantage® II, Advantix®, Advantix® II, K9 Advantix®, K9 Advantix® II, Advantage Multi®, and Advocate®. Merial is the manufacturer of the family of products made for dogs and cats under the trade names Frontline®, Frontline® Plus, Frontline Top Spot®, and Certifect™. These products are sold as treatments for dogs and cats suffering with fleas, ticks, adult flea eggs, larvae, mosquito, heartworm, ear mites, and sarcoptic mange. While each one of individual products targets only a limited subset of the pet aliments, all of the products target fleas and their larvae.

As fully set forth in Plaintiff’s complaint, Bayer and Merial collectively sell approximately $2 billion of the products annually under the allegedly false and/or misleading assertions claiming that the products: are self-dispersing and cover the entire surface area of the dog or cat’s body when applied in a single limited spot; are effective for one month and require monthly application to continue to be effective; do not enter the blood stream of the pet and instead move across the pet’s skin to cover the pet; and are waterproof and remain effective following shampoo treatments, swimming, or after exposure to rain or sunlight.

Plaintiff seeks to prevent Bayer and Merial from continuing to allegedly misrepresent these products and seeks to recover damages on behalf of all those who purchased the products.

About John R. Climaco

John R. Climaco, founder and chairman at Climaco, Wilcox, Peca, Tarantino & Garofoli Co., L.P.A. in Cleveland, Ohio has successfully led some of the largest class actions in U.S. history. John devotes his comprehensive practice to General and Complex Litigation, including Class Actions, Securities, ERISA, Mass Torts, Environmental, Toxic Tort, White Collar Criminal and Civil RICO, and Public Law matters. The National Law Journal named John one of the one hundred most powerful lawyers in the United States. John is a member of the Castano Plaintiffs Legal Committee which in 1999 filed the first nicotine addiction action against the tobacco industry. Castano, along with Mississippi, Texas and Florida are recognized as Tobacco Pioneers. The Pioneer’s efforts resulted in the $1.250 Billion Dollar settlement with the tobacco industry. Recently, John R. Climaco successfully resolved a lawsuit on behalf of a national class of consumers arising from Dannon’s contention that its DanActive yogurt is “scientifically and clinically proven” to aid digestion. The $45 million dollar national class settlement included injunctive relief removing “scientifically proven” “clinically proven” and “immunity” language from all packaging, labeling and advertising. John was Co-Lead Counsel and one of five Class Counsel. Gemelas v. The Dannon Co., Inc., U.S.D.C. N.D. Ohio, Case No. 1:08-cv-236. Also, he was part of the leadership team that reached a settlement for 443 injured claimants in the In re: Oral Sodium Phosphate Solution-Based Products Liability Action, Case No. 1:09-sp-80000, (MDL Docket No. 2066), United States District Court, Northern District Of Ohio, Eastern Division.

About Climaco, Wilcox, Peca, Tarantino & Garofoli Co., L.P.A.

Climaco, Wilcox, Peca, Tarantino & Garofoli Co., L.P.A. is a full-service law firm that has provided superior legal services to its clients since 1969. Climaco, Wilcox, Peca, Tarantino & Garofoli Co., L.P.A. has positioned itself as a highly regarded firm of local and national prominence by blending expert legal skills with common sense, client commitment and loyalty. The firm has practice groups in Class Actions, Litigation, Business Law, Employment Law and Government and Public Finance. The firm is committed to each of its clients and to the community. For more information please visit: http://www.climacolaw.com.

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