By Russ Britt

If you’ve seen those commercials where a lady in an apron stands atop a double-decker bus preaching the virtues of colon health, you better enjoy them while you can.

The U.S. Justice Department is taking the company behind those commercials, German-based Bayer AG 



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, to task for what it says are false claims regarding the over-the-counter product, Phillips’ Colon Health.

Justice officials allege that Bayer, by claiming in its so-called “Colon Lady” commercials that the product “defends against” constipation, diarrhea and gas and bloating, is also implying that its product can prevents, treat and cure those conditions, though Bayer has no reliable evidence to support those claims. Prosecutors are seeking a civil contempt citation against the company.

In an extensive company statement, Bayer says it is “extremely disappointed” in the motion and “strongly disagrees” with the Justice Department’s contention.

“Probiotic bacteria, including the three species used in Phillips’ Colon Health, have a long and well-documented safety record, complemented by volumes of human clinical studies on their digestive benefits.  It is this research upon which Bayer has legitimately based all of our claims, which include the fact that the product will ‘promote overall digestive health’ and “help defend against occasional constipation, diarrhea, and gas and bloating,” Bayer said in a statement.

“It is important to note that Bayer never made any claims suggesting that Phillips’ Colon Health should be used to mitigate, prevent or treat any disease,” the company went on to say.

Bayer says the Federal Trade Commission is calling for the company to conduct tests that are similar to those for a prescription drug. The company says they’re not necessary for a dietary supplement, like Phillips’ Colon Health.

Justice officials point to a 2007 court order that prohibits Bayer from making unsubstantiated claims for dietary supplements it sells. That order was handed down after the department found Bayer claimed its One-A-Day WeightSmart multivitamin had the ability to prevent weight gain without sufficient evidence. The company ended up paying $3.2 million in penalties.

“Bayer is required to abide by a longstanding court order to back up claims it makes about the products it sells,” Assistant Attorney General Stuart F. Delery said in a prepared statement. “The Department of Justice will not tolerate companies that seek to gain an unfair advantage over their competitors by promoting to consumers unsubstantiated claims about the health benefits of their products.”

Bayer countered by saying it paid the penalty without admitting wrongdoing in order to resolve the 2007 complaint and says it now has reliable evidence to support the claims it makes regarding Phillips’ Colon Health.

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