The Dannon Co. Inc. is refuting charges in a California lawsuit that accuses the company of false advertising concerning the health benefits of its Activia yogurt.
Dannon said last week the complaint doesn’t contain any support for its broad generalizations. Further, the company said it stands by its claims and the clinical studies.
“Dannon’s advertising has always been and will continue to be absolutely truthful, and Dannon will vigorously challenge this lawsuit,” the company said in a statement.
The lawsuit, filed last Wednesday in the Central District of California on behalf of Patricia Wiener, states Dannon’s studies failed to support its advertising claims that its Activia, Activia Lite and DanActive yogurts were “clinically” and “scientifically proven” to have health benefits that others do not.
The action seeks reimbursement for all U.S. consumers who bought Activia and DanActive and calls for Dannon to “correct” future advertising.
“Dannon’s representations are false, misleading and reasonably likely to deceive the public,” the suit states.
It’s the first time Dannon’s probiotic products have been challenged by a class-action lawsuit against the brand, Michael Neuwirth, a spokesperson for The Dannon Co., said Friday.
Dannon spent more than $100 million between January 2006 and July 2007 on marketing the yogurt, according to the lawsuit. As a result, the Activia line brought in $128 million in 2006 sales and was estimated to have sold approximately $300 million in 2007.
Dannon launched the Activia brand in the U.S. in 2006. Advertising claims that the bifidus regularis culture found in the product helps regulate the digestive system. The firm charges people a 30% premium for its Activia yogurt.
“Activia by Dannon is clinically proven to naturally help regulate your digestive system in two weeks when consumed daily, as part of a healthy lifestyle and balanced diet,” the Web site says.
In January 2007, the company rolled out the DanActive probiotic yogurt drink, which contains a different type of bacteria the firm says “helps strengthen your body’s defense.”
Dannon says the scientifically substantiated benefits of its products are confirmed by scientific journals and by “millions” of satisfied consumers.
Despite the lawsuit, Dannon doesn’t plan to change its marketing of the product, Neuwirth said.
“We stand 100% behind our claims, which are science-backed,” he said.
The company is continuing its Two Well Challenge promotion, which prompts people to try Activia for two weeks. If they are unsatisfied with the product, they can request up to a $12 refund. The offer runs through April 15.
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