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Dannon Settlement: Activia and DanActive Priobiotics Lawsuit

Dannon 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 [3]) 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 [4] (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 [5] is up and you can file a claim here [6].

This post will be updated as more details emerge.

(Photo: star5112 [7])