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Dannon Settlement: Activia and DanActive Priobiotics Lawsuit

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Dannon DanActive YogurtDannon has settled a class action lawsuit filed in January of 2008 that its claims of the health benefits of “probiotics” in their Activia and DanActive line of yogurts were falsely advertised. In their most recent press release (link) they offered:

“The decision to settle this case is based on the Company’s desire to avoid the distraction and expense of litigation and to quickly resume 100 percent focus on making products that provide proven health benefits to millions of highly satisfied consumers. This resolves the plaintiff’s concerns while affirming the essence of the claims of Activia and DanActive, which are substantiated by years of scientific research.” said Michael Neuwirth, spokesperson for The Dannon Company.

What does this mean for you? You may be entitled to a piece of the $35 million fund created to provide cash refunds to people who file a claim. You can’t get the claim form yet but you will be able to get them at DannonSettlement.com (the URL currently redirects to another law firm, not sure if that’ll be used for the claim form) once the site has been set up.

The stipulation of settlement for the case (26 pages) outlines the details of the settlement. From what I can tell, you can file a claim electronically or by mail. You can claim up to $15 without a receipt of purchase. You can claim $15 to $30 by submitting a Claim Form signed under penalty of perjury, but also without receipt of purchase. You can claim $30 to $100 but you must provide proof of purchase. How much you actually get paid out will depend on the number of valid claims.

The Dannon Settlement website is up and you can file a claim here.

This post will be updated as more details emerge.

(Photo: star5112)

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30 Responses to “Dannon Settlement: Activia and DanActive Priobiotics Lawsuit”

  1. Neil says:

    Branding is strange. Why do you figure the American subsidiary of Danone Group is spelled Dannon?

  2. Oh wow, my mom bought this stuff all the time! I’ll definitely pass this on to her. Thanks! :)

  3. zapeta says:

    Thanks for pointing this out, I think I should qualify.

  4. rosemary pombar says:

    How do I get a claim form?

  5. Patrick says:

    Even though it’s only $15, I can see many people trying to get in on this even if they never purchased the product.

  6. I’m puzzled as to why ALL claim forms wouldn’t be signed under penalty of perjury, instead of just $15+.

  7. thomas says:

    but their commercial jingle is so catchy.

    Probably not worth the $.50 you’ll get for signing up for the lawsuit settlement. Chase money elsewhere.

  8. mahafakir says:

    This whole probiotic business is a scam. In the past they used to sell yogurt. The yogurt manufacturers were not satisfied with the profits they made. So they made yogurt with live culture. Dannon sold Yogurt with live culture under Dannon brand. Than it introduce Dan Active and Activia. Even while the case was going on in the court Dannon was promoting Activia (probiotic with live culture whatever that meant). It made an offer asking people to use Activia for three weeks and they will experience a change in their health for better. That offer would expire in about six months. After it expired they will make an other identical Activia offer. They have made about four Activia offers. Using Activia for three weeks would cost you $16 or $17. But Dannon would refund $12. Right at this time Dannon has an Active Activia offer. You have to try Activia for three weeks. The offer says only one refund in each offer. Does it mean people can ask for one refund every offer. I tried and asked for only one offer.

  9. Wizard Prang says:

    Is this the first time that a company has made unprovable claims about their product?

    Hardly.

    Caveat Emptor, my friends!

  10. alice says:

    I have been using this product. I do have two register lists but I bought more than I have
    register lists for. Let me know how to get the settlement info.

  11. june allen says:

    how and when can i get a claim form?

  12. Jim says:

    Still no claim form yet…

  13. Kit says:

    My friend has been buying this product for at least the past year and a half. He eats it at least once a day. So he has a claim. Now, who has saved their “proofs of purchase” from these products for that length of time in order to qualify for the higher settlement amount ($30 to $100 which he has spent many times over?) Anybody?

  14. RALPH MOREA says:

    DANNON ACTIVE NOT WHAT THEY SAY IT IS.

  15. JERRY J says:

    how and when can i get a claim form?

  16. Dave says:

    I have been eating it for over a year, claimed every rebate ( it did NOT change my “health” ) , GOT every on I claimed and promptly , but continued buying/eating just because I LIKE the yogurt ? If UPC codes are acceptable as POP then I will probably claim $30-$100 as I do NOT like false advertising, but NOT because the yogurt is no good ? FAIR ? I don’t know, but on the terms they offered certainly legal and proper ?? d

  17. joyce drager says:

    How do I get a claim form?

  18. Maria says:

    The Dannon website indicates that you can only claim if you are listed in the lawsuit, but this article leads you to believe that if you purchased any of the products, you can claim a refund. Which one is correct?

  19. Molinda says:

    I was excited about the Activia challlenge, but it didn’t really help me.

  20. Martha says:

    Activia tastes great but gives me a memorable stomachache.

  21. Sonja says:

    I just read about this today 12/16/10 is it too late ? I only have been eating Activia for about 2 months.

    Reply

  22. Gerrie Livingston says:

    Three years ago I had a bowel resection for an abscess due to diverticulitis. I was told by
    my Gastroenterologist to eat Activa everyday
    to help regain the normal bacteria in my bowel.
    I have done this faithfully everyday, once a day for the past three years. It helped me tremendously. I recently had another bowel
    resection due to an extra long colon, again I
    was told to continue eating Activa. My opinion
    is that a person reacts differently, so the
    claims by Dannon are not fraudulent, probiotics
    due help and you don’t have to eat it three times a day. I am thankful for something so
    good tasting to help me with my present recovery and in the future. I WILL continue
    eating Activa. When there is a lawsuit brought
    against a company, then everybody sees it as free money,especially in today’s economy. I can’t comment on the DanActive that it helps
    with colds and flu, but it most probably helps
    boosts the immune system, so I see it as a good
    thing, not something to jump on the lawsuit
    bandwagon. The lawyers are having a field day
    and collecting LOTS of money. Have a nice
    holiday!!!

  23. Nancy Reese says:

    I just found this site! Why didn’t I ever hear about it before? tried Activia many times, trying to get regulated, with no relief. I suppose it’s too late for me to get a refund for all (or at least some) of the money I spent taking their challenge. Maybe it did work for some people, but not me any of the times I tried it. If I can still get some of my money back, PLEASE let me know! Thank you!

  24. Paula Andrews says:

    Yes —-I ate Activia for over a year and in the time I developed a huge case of the back door trots everyday. I only ate one a day but this went on and on for over a year before I decided to stop eating it. Never experienced this before with any yogurt products I have ever eaten. Has anyone else experienced this with this product. Must be allergic to it. This has me very concerned and very upset if this has been a side effect that they are not disclosing either.
    Sincerely, Paa

  25. Paula Andrews says:

    I did not get in on the law suit but want to learn about the side affects. Sick of all the suing for everything, but do not like the problems this product has landed on me.


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