February 02, 2018
A retail business owner seeking to represent a class of Bayer AG customers failed to show that the company's marketing of its "custom fit" Dr. Scholl's shoe inserts was likely to mislead reasonable customers, the Second Circuit has said, affirming the case's dismissal.
January 11, 2018
A proposed class of Bayer AG customers on Thursday urged the Second Circuit to revive a false advertising suit over the company's "custom fit" Dr. Scholl's shoe inserts, arguing Bayer's foot-measurement kiosks convince customers the over-the-counter orthotics are similar to those prescribed by a doctor.