Activa lawsuit

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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 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 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. "

--

Ortiz, RD

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