Soured on Yogurt Ads' Claims, Woman Seeks Class Action Status for Suit Against Dannon

The Associated Press

January 25, 2008

A woman claims in a lawsuit that the makers of Dannon yogurt overstate the health benefits of some products.

Trish Weiner alleges in her lawsuit, filed Wednesday in federal court in Los Angeles, that Dannon is engaging in a "massive and comprehensive" false advertising campaign for its DanActive, Activia and Activia Light yogurt lines.

The company claims the products can boost immunity or regulate digestion because of certain bacteria they contain.

Michael Neuwirth, a spokesman for White Plains, N.Y.-based Dannon, a unit of France's Groupe Danone, said Thursday that the company "stands by the claims of our products and the clinical studies that support them."

In a statement, Dannon said the lawsuit as filed lists only one scientific report, which does not mention any Dannon products and "does not disprove Dannon's scientific substantiation for its proven product benefits.

"The scientifically substantiated benefits of Dannon's products are confirmed not only by the scientific journals that have reviewed and published the findings -- which are made available on the company's Web sites for any and all to read -- but also by the millions of highly satisfied consumers who enjoy Dannon's products," Dannon said in a statement.

Weiner said she bought the products after seeing the advertising and "the only effect that it had on me was that it tasted poorly," she said.

Weiner wants class action status for her suit -- and wants Dannon to issue refunds to everyone in the United States who bought the products. An attorney for her said that could amount to as much as $300 million.

Dannon began marketing Activia and its "bifidus regularis" bacteria early 2006, and launched DanActive a year later.

According to Brandweek magazine, sales of Activia grew 48 percent to $181.3 million in a year and DanActive sales rose 185 percent to $60 million.

Gregor Reid, a scientist who runs the nonprofit Canadian Research and Development Center for Probiotics, said there's a "huge amount" of research done on the strains cited by Dannon -- and their benefits are clear.

For the suit to contend Dannon's claims are unfounded, Reid said, is like saying "the New England Patriots aren't in the Super Bowl."