Tim Blood, a lawyer at Coughlin, Stoia, Geller, Rudman & Robbins, LLP, said, "Companies are getting more and more aggressive in their advertising claims. They end up playing off people's general fears and concerns." And because of this, Dannon was able to charge 30% more for its Activia and DanActive yogurts.
The lawsuit, therefore, seeks a refund for all those who purchased the company's products.
Activia's packaging claims the yogurt has "bifidus regularis" bacteria, while DanActive's packaging says the product includes "L. casai immunitas." However, according to the lawsuit, both "regularis" and "immunitas" are fictional words made up to sound scientific.
Thus, not only has Dannon allegedly deceived millions of people with its advertising, but the company has also reaped hundreds of millions of dollars on products that claimed faulty health benefits. The lawsuit points to specific scientific reports that show "there was no conclusive evidence that the bacteria prevented illness or was beneficial to healthy adults," says an ABC News article.
However, according to a statement issued by Dannon, "all of Dannon's claims for Activia and DanActive are completely supported by peer-review science and are in accordance with all laws and regulations. Dannon's advertising has always been and will continue to be absolutely truthful, and Dannon will vigorously challenge this lawsuit."
Activia, which was launched in 2006, and DanActive, which was launched in 2007, are both reported to have provided for more than 40% of the company's yogurt business.
