The FTC (Federal Trade Commission) suit vs. Bayer over probiotic claims has favored Bayer, denying the FTC’s motion to hold Bayer in contempt of a 2007 consent order for promoting Phillips’ Colon Health.

The suit was about whether or not clinical trials were necessary for Bayer to conduct before it promoted Phillips’ Colon Health probiotics.

U.S. District Judge Jose Linares of the District of New Jersey filed an accompanying opinion on his ruling, however he did so under seal – which will not be released until October 8.

The issue began seven years ago, when the FTC Bayer subsidiary Bayer HealthCare for claims made in regards to the product, One-A-Day WeightSmart multivitamins.

In 2007, the FTC filed a civil action against Bayer because of their ad claims about WeightSmart were not based on scientific evidence. It was settled immediately, and Bayer agreed to not make claims about product benefits with the required “competent and reliable scientific evidence” for future dietary supplement claims.

According to a Law360 report, “the government argued that randomized clinical trials are needed to satisfy that obligation, whereas Bayer said that a clinical trial requirement exceeds what Congress has demanded of supplement makers.” The article stated that Bayer said it can’t be held in contempt because of the 2007 ruling failed to provide “clear and unambiguous” notice of requirement.