Last year we wrote that Dannon Co. was being sued for claiming that some of its yogurts provide a health benefit that other yogurts do not. A class action suit filed in California’s Los Angeles federal court accused Dannon of falsely advertising its Activia, Activia Lite, and DanActive products and claimed Dannon initiated a massive false advertising campaign to convince consumers to pay more for yogurt containing probiotic bacteria.
Now, reports the LA Times, Dannon just settled the false-advertising lawsuit. The yogurt giant also agreed to create a $35-million fund meant to reimburse those consumers who bought Dannon’s Activia and DanActive yogurts. Dannon denied the claims and did not admit to any wrongdoing, said the LA Times, but stated that it settled because it wished “to avoid the distraction and expense of litigation,” quoting spokesman Michael Neuwirth.
Probiotic is a term that means “for life.” The human intestinal tract is filled with a huge amount of helpful, probiotic bacteria, which is a good thing since the human body is designed to have symbiotic relationships with probiotic bacteria that assist in digestion and destroy harmful microorganisms. Science indicates that as the body ages, the intestinal tract becomes more rigid at only accepting intestinal flora it recognizes; it is difficult for the body to recognize or tolerate new good bacteria. Also, good bacteria decrease; therefore, it is important to supplement with probiotics, initiating this process early on in life.
Anecdotal evidence suggests friendly bacteria help a variety of digestive problems; however, in the United States, no health claims for probiotics have been approved. The United Nation’s Food and Agriculture Organization defines probiotics as live microorganisms … which confer a beneficial health effect on the host. In other words, for bacteria to be considered a probiotic, it must be beneficial to humans. As a result, if food manufacturers label a food as containing probiotics, the benefits must be proven by research.
Dannon has agreed to amend its labeling and claims of Activia and DanActive, making the scientific names of the so-called probiotics more visible; Dannon will also remove the word “immunity” from DanActive, said the LA Times. Currently, labeling for DanActive states it has “a positive effect on your digestive tract’s immune system,” reported the LA Times. That statement will be changed to state that DanActive will “interact with your digestive tract’s immune system.”
According to the LA Times, the refund will apply to consumers who purchased Activia and DanActive yogurts up to $100 per customer, citing court papers. Consumers will be required to complete a claim form, said the LA Times that will be accessible once the U.S. District Court for the Northern District of Ohio has approved the settlement.
Dannon Co, a unit of France’s Groupe Danone and has relied on Activia and DanActive to help boost its U.S. yogurt business. Activia was launched in the U.S. in 2006; DanActive, in 2007. Both are expected to account for at least 40 percent of the company’s U.S. yogurt business in 2008, Juan Carlo Dalto, Dannon chief executive, told Reuters last year.
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September 21st, 2009 at 2:18 pm
I am a regular user of the Activia yogurt product. I wish to fill out a claim form. Please send the form or information to that effect.
Thank you
Frederick May
fjsmay@dishmail.net
September 21st, 2009 at 5:40 pm
i don”t know if you want the code off the box it cam in or the code you have on the screen next to the verification code
September 21st, 2009 at 7:02 pm
Please tell me where to join law suit and/or file a claim
September 22nd, 2009 at 4:56 am
Where can a claim form be obtained for Activia?
September 22nd, 2009 at 5:02 am
I have eaten this yogurt since it came out. I thought it was good for me in a certain way. Now I find out that isn’t true. I will continue to eat it because I like the taste and I think it works for me. I would still like a claim form because I think I am entitled to it. Thank You
September 22nd, 2009 at 7:05 am
i have been buying dannon activia every week.
September 22nd, 2009 at 8:51 am
How do I apply for my part of this law suit?
September 22nd, 2009 at 1:12 pm
I WILL LIKE TO APPLY FOR REFUNDS FROM DANNON FOR “ACTIVIA” PLEASE E-MAIL ME A FORM TO FULL OUT.
THANKING YOU IN ADVANCE FOR YOUR KIND COOPERATION.
September 22nd, 2009 at 5:15 pm
My husband, kids and I have been buying activia for years. Our Doctor actually suggested it when because our children were on antiboitics so much and my husband was also having some stomach touble and require antiboitics so again he said to use activia. I need to know how to go about filing.
September 23rd, 2009 at 6:52 pm
I used activia dannon yogurt each day for the years of 2006 until now. Please let me know what is going on with this law suit and the dangers.
September 24th, 2009 at 6:42 am
I have been eating yogurt for many years,and have tried all different kinds.I have found that activia tastes better than all the rest.I admit that I first tried it because of what it said it does and for me I think it does help the digestive system.My kids love it too.Even if the price is a little higher I think the taste is worth every penny,and will continue to purchase only this brand of yogurt.
September 25th, 2009 at 7:40 am
You people all disgust me. Clearly you did not even read the article and you are simply trying to cash in to make $100.
The yogurt doesn’t harm anyone, there are no dangers. The lawsuit is simply because Dannon claimed that this yogurt was actually healthy for you and conferred benefits for you digestive tract. The only reason they are in trouble, is because the US FDA is so backwards and slow, that they have not been able to prove it yet themselves (even though it has already likely been proven outside the country).
If you read the article, you see that companies are not allowed to state that their products have health benefits unless those benefits have been proven by the FDA. Since the FDA hasnt completed their research on PRObiotics yet (not antibiotics for those idiots above who were talking about the drugs they were receiving from their doctor) the company was not allowed to make these claims.
I believe that this is an extremely harsh punishment, but as a large company, Dannon should have done their due diligence better. There was no malice or danger here and indeed this product most likely does confer health boons, but they jumped the gun with their advertising and now they are being punished.
September 26th, 2009 at 12:27 pm
please send me info on how to optain forms for the lawsuit
September 26th, 2009 at 2:58 pm
how do i fill out the forms for the lawsuit
September 27th, 2009 at 5:27 pm
I have been using activia for more than a year just because of the advertising of promote the regularity on the body, just because I have problems and slow digestive system. My first 3-5 month did notice much diference but when I change the flavor (after try them all flavors)to plume, then things go better after a week. Even though I want to know were I could make my claim, please get in contact with my e-mail so I could be able to make my claim official and how? thanks for this information
September 28th, 2009 at 8:02 am
Please let me know where I an apply for refund. Do not publish e-mail address.
October 7th, 2009 at 1:27 pm
I started using activia about a year ago because I love yogurt and I wanted to get regular,the commercials on tv was what prompt me to try it.I saw some change but not the change I had expected
Can you please email me this information
so that I can make a claim.Thank you.
October 23rd, 2009 at 1:39 pm
I have purchased this yogurt weekly up until the lawsuit and would like to request a claim form.
Thank you.
November 16th, 2009 at 8:07 am
I have used dannon activa yogurt because of what it suppose to do for the digestive system. I have irritible bowel syndrome, and i thought i would give it a try to help with my IBS. Im am requesting a claim form, because I bought that particle brand of yogurt just because of the probiotic bacteria that was suppose to be in it.The claim form can be sent to my email. thanks