Danone Refutes Allegations Made Against US Subsidiary Regarding Misleading Claims

25/01/08 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. California consumer Trish Wiener’s suit is asking that Dannon refund everyone in the US who purchased the products, an amount near the $300 million mark. 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." The lawsuit states that Dannon’s own studies disproved the company’s boasts and that a study conducted by leading microbiologist and funded by Dannon determined in 2006 that there was "no conclusive evidence" of probiotics providing health benefits. The report, entitled "Probiotic Microbes: The Scientific Basis," was prepared by the American Academy of Microbilogy, a leadership group of the American Society of Microbiology, the suit claims.

The Dannon Company responded by saying that it “proudly stands by the claims of its products and the clinical studies which support them. All of Dannon’s claims for Activia and DanActive are completely supported by peer-reviewed 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,” the company said.

Dannon strongly disagrees with the allegations in the lawsuit. The filed complaint does not contain any support for the broad generalizations made in the lawsuit. The one publication cited in the lawsuit does not disprove Dannon’s scientific substantiation for its proven product benefits. Indeed, the report cited in the lawsuit, published by the American Academy of Microbiology, does not even reference any Dannon products, the company said.

Dannon makes all scientific studies about its products available to the public following the established method of peer-review and publication. Dannon regularly consults with leading independent experts in the field of probiotics about the science behind all of its probiotic claims. 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, the company added in a statement.