Dannon yogurt class action in California
Lead plaintiff Patricia Wiener filed a class action lawsuit against yogurt company Dannon for making false claims on its probiotic products. She is represented by attorney Tim Blood from Coughlin, Stoia, Geller, Rudman & Robbins.
According to the complaint, Dannon knowingly misled consumers by promoting the clinical benefits of products that the company derived from its own testing. About $100 million was spent on advertising.
The claims were that eating Dannon’s DanActive and Activa Yogurts
were “scientifically” and “clinically” proven to “regulate your digestive system.”
In only two years, the company earned an estimated $428 million from sale of its DanActive and Activa yogurts in the US. It seemed the advertising slogan worked and was very successful.
Coined as a “discerning” consumer by her lawyer, 45-year-old health conscious Patricia Wiener wanted to try Dannon’s yogurt for its amazing digestive benefits, but found that this brand of probiotic yogurt was no different from other types. Dannon’s products are priced 30 per cent more than other brands.
Blood has a reputation for being an experienced consumer protection and litigation lawyer and found this case to be of interest.
He said, “One of the things that attracted me to case is that these are advertising claims, directed at people who are trying to do the right thing.”
He also described the Dannon suit as an uncomplicated deceptive advertising case where the facts veer to the plaintiffs’ favor.
“We have looked at all the scientific studies,” he asserted, “and retained experts and we just don’t see how Dannon can really claim that their advertising is accurate.”
If the class action litigation against Dannon were successful, the company would potentially have to compensate millions of dollars to its consumers. The lawsuit also requests that Dannon replace the misleading advertising with accurate information.
The class action certification hearing is scheduled for September 22, and Blood expects a decision will be made soon after that.
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