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Tag Archives: RICO

Tort/Negligence – RICO – Enterprise/Person – Enterprise/Pattern – Vitamin Advertising (access required)

Spelman v. Bayer Corp. Although plaintiffs claim that the marketing agencies mentioned in their complaint are not “agents” of the Bayer defendants, nothing in the complaint indicates that the marketing agencies or the direct-to-consumer (DTC) marketing enterprise undertook any function independent of Bayer’s direction or separate from Bayer’s own business of marketing its products. Therefore, plaintiffs have failed to articulate a distinction between Bayer as the RICO “person” and the DTC enterprise. Defendants’ motion to dismiss plaintiffs’ claim under the Racketeer Influenced and Corrupt Organizations (RICO) Act is granted.

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