CTV News | Dannon sued over probiotic yogurt claims

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Dannon sued over probiotic yogurt claims

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CTV.ca News Staff

Date: Thursday Jan. 24, 2008 12:56 PM ET

A proposed class action has been filed in California, accusing Dannon Co Inc of false advertising in their marketing of yogurt containing probiotic bacteria, alleging that the claimed health benefits have never been proven.

(Dannon products are spelled "Danone" in Canada and are part of Groupe Danone, of France.)

The lawsuit contends Dannon's own studies failed to support its advertised claims that its Activia, Activia Lite and DanActive were "clinically" and "scientifically" "proven" to have health benefits that other yogurts did not.

The suit alleges that all U.S. purchasers of Activia, Activia Lite and DanActive should be compensated. It also demands that Dannon begin "a corrective advertising campaign."

Dannon spokesman Michael Neuwirth said the company was not aware of the lawsuit but stood by "the claims of our products and the clinical studies which support them."

The packaging of Activia, launched in the United States in 2006 and sold as well in Canada, says it contains trademarked bacteria called "Bifidus regularis" which "helps naturally regulate your digestive system."

The DanActive probiotic drink product was recently launched in Canada. The Danone Canada website says the product contains "unique bacterial culture L. casei Defensis exclusive to Danone."

"DanActiveTM helps strengthen the body's natural defenses when consumed daily. Scientific studies (37, more precisely) have proven DanActive's effectiveness," the website claims.

The U.S. lawsuit cites its own scientific reports showing that there was no conclusive evidence that "Bifidus regularis" prevented illness or was beneficial to healthy adults -- and that Dannon knew this.

The suit claims Dannon has spent "far more than $100 million" to convey deceptive messages to U.S. consumers while charging 30 per cent more for the product than other yogurts.

The ads helped Dannon sell hundreds of millions of dollars of ordinary yogurt at inflated prices, plaintiffs' attorney Timothy Blood of Coughlin Stoia Geller Rudman & Robbins said.

The lawsuit would not apply to Canadian consumers.

Dr. Gregor Reid, a microbiologist at the University of Western Ontario and the director of the Canadian Research and Development Centre for Probiotics says Danone and others have completed vast amounts of research on the probiotics involved.

"So I object when someone says that Activia and DanActive are not based on science. There is plenty of scientific data on both," he told CTV.ca.

"I'm aware of four studies on Activia's effect on regularity alone. So this is certainly not a case where they made outrageous claims about Activia with no data whatsoever. The science behind DanActive, as well, has been very well documented - certainly over 100 papers, many of which were clinical trials.

"So to say there is no data is not true at all."

Comments are now closed for this story

Gerald Skowronski
said

When it comes to the quick fix or promises of pie in the sky, let the buyer beware.


dave
said

I buy the product just because I happen to like the taste better than other products. I will continue to buy Active regardless of the preceived health claims or lack thereof.


wendy
said

Buyer beware! Look at the ingredients - what good will a tiny amount of bifido bacterium do if the 3rd and 5th ingredient are sugar and fructose, closely followed by corn starch, modified cornstarch and caramel colour ... sounds yummy. Why not just get a healthy organic yogurt and take a good quality acidophilus supplement? Most prepared stuff at the stores are not that good for us!


Richard
said

What a complete waste of the courts time. Only in the US.


Amber Paulson
said

Chances are probiotics won't work unless you have taken a broad spectrum antibiotic to clear your digestive tract of all bacteria.


Pat_Pending
said

I'd like to introduce a new yogurt on the market containing "Vitalite", "BioFix", "ProBioThin" and several other registered trademarks for ingredients that don't do a damn thing.

Good on the litigants. It's about time corporations were held accountable and forced to take responsibility for misleading advertising.


nouse
said

I just buy the plain yogurt from Astro, add honey and don't worry about sugar and fructose.


Susan
said

I purchased Activa due to the 2 week challenge commercial I saw on TV. Or I should say I was shopping for yogurt and bought it because I recalled the commercial. In my experience, Activa did what my impression of their claim implied. I feel 100% better since I started eating everyday.


Paula
said

I also had many scientific studies pass through my hands while studying at McGill- proof in favour of the great nutritional benefits of probiotics. As per Wendy's comment, while it is important to limit the intake of sugars, these are prebiotics which the probiotics feed on in order to survive, multiply and give benefit to our digestive system. It would be great if Danone brought out a line of organic probiotic yogurt- Yum!


Mike Potter
said

Dr. Gregor Reid is not a source you should use in an article like this. While he may be well informed on this subject , his position makes for a conflict of interest


MP.
said

Leave it to the company's marketing department to create smart-sounding but useless wording...that leaves me with such as "Cranium Soratitus". I better go get 2 "Cylindrical Hurtalessium" tablets.


Eddie
said

To Wendy:

I don't know why anyone would bother buying organic. It's not going to be much healthier than regular foods and it costs more. Organic foods aren't even well-regulated so you have no idea if what you're buying is actually organic in the first place.


N.M.
said

Susan said, "I feel 100% better since I started eating everyday."

Of course you do, you're eating every day. That's a good thing.
I kid, I know what you meant to say. ;)

I sometimes buy Danone but prefer the regularly sweetened brands as I hate the tastes of the artificial sweeteners.
Basically I buy whatever is on sale at the time.


Doug
said

Wonder what fatty foods and other garbage the people filing the class action lawsuit were eating as well as the yogurt?

Be interesting to see if Dannon has people behind the suit to list off what they usually eat on a daily/weekly/monthly basis... eh?



Doug
said

Wonder what fatty foods and other garbage the people filing the class action lawsuit were eating as well as the yogurt?

Be interesting to see if Dannon has people behind the suit to list off what they usually eat on a daily/weekly/monthly basis... eh?



Doug
said

I'm not big on a lot of litigation. But if it's the only way to induce producers to accurately label the products we eat, so be it.
Don't ban it. Don't force tell either producers or consumers what to eat,or how to make it. It should be a free choice.
But "free choice" has to be based on accurate information or it's not free choice at all.

Neuroboy
said

Wendy there's something you need to know about bacteria. It's not the amount of anything they put into a product, its the potency. All chemicals and bacteria don't have the same potency at the same amount. Also, unlike cornstarch, bacteria multiply! So if you insert a small amount, then overtime inside the container they will feed, and grow, so by the time you eat it, it will have sufficient amounts to provide the treatment your body needs.


USA
said

OH MY GOSH. The woman who instigated this lawsuit needs to get a life!!! I am from the US and this is just a total embarrassment to me and the rest of the people of my country. Anyone who relies on yogurt to get "regular" (or whatever) needs to spend more time changing their diet all around and NOT wasting time with suing yogurt companies. Unbelieveable!


Roger T
said

What else is new......many of these corporations come out with new products/names/labels and claims their products to be healthier without any Gov't checking or testing the products.

I wouldn't be surprised that the so proclaim ORGANIC products in the stores are just regular products just with a organic label placed on it. How do consumers know if they are paying for what they claim to be???

Our Gov't should put in place a system check to and crack down on false products that companies claim to be.


Probe Idiotic Yogurt
said

As a buyer of Activia yogurt I can attest that it keeps you regular. A negative side effect is some serious gaseous emissions.


Mischa
said

Ya Amber Paulson,I agree with you.I think if you naturally allready have the bacteria in you,having more won't make much of a difference...Like I was on antibiotics for 6 months,because I was sick,and my doctor gave me probiotics,because I didn't have any left...I never personally tried any of this yogurt before...but I guess I could sometime..



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