They have announced that a settlement has been reached in a class action lawsuit involving Dannon's Activia® and DanActive® yogurt products. The lawsuit alleges that Dannon falsely advertised the health benefits of its "probiotic" yogurt and dairy products. Activia® was sold nationwide beginning in February 2006. DanActive® was sold nationwide beginning in January 2007.
Under the proposed settlement, Dannon will create a $35 million fund to provide cash refunds to Class Members who timely submit a valid CLAIM FORM
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.
