Litigation’s always a gamble, and there was no exception for Sidley Austin as it defended Bayer AG in a dispute with the Federal Trade Commission over Bayer’s promotion of its Phillips Colon Health probiotic supplement.
In a two-and-a-half-week bench trial in June, the Sidley team, led by partners Jonathan Cohn and Mark Hopson, challenged the FTC’s claims that Bayer breached the terms of a 2007 consent decree. The decree had required the company to use test results and other evidence to back claims about the benefits of supplements.
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