Dannon Activia Lawsuit
Dannon Activia is a yogurt that claims to help regulate your digestive system. The difference between Dannon and most other yogurts is Dannon contains probiotic bacteria. Probiotic bacteria are live bacteria that are supposed to not only help regulate your digestion, but also help improve your immune system. Probiotic bacteria can be found naturally in your intestinal tract, but scientists say that as you age, good bacteria such as probiotic will decrease. Dannon has claimed their yogurt will help replenish the good bacterium to your system, thus improving your health.
These yogurts with probiotic bacteria have helped boost Dannon’s sales. It is expected that in 2008, Activia and DanActive (another yogurt by Dannon with a different bacteria that claims to “help strengthen your body’s defense”) will produce about 40% of the company’s yogurt business. In its first year of release, Dannon grossed approximately $100 million from this yogurt line.
However, a lawsuit filed in the Los Angeles federal court is saying Dannon fooled consumers into paying more for Activia based on the false advertising campaign. The lawsuit seeks to reimburse consumers as well as have Dannon correct their advertising campaign. While the United Nation’s Food and Agriculture Organization says probiotics have a beneficial health effect, it must be backed up by research. The Food and Drug Administration does not get involved in such claims, but rather looks for labels in which a product claims to equate the probiotic products with disease-curing drugs.
The lawsuit against Dannon says that even their own studies failed to prove that Activia has health benefits superior to other brands of yogurt. Yet, Dannon has stated these yogurts were proven “clinically” and “scientifically” to have health benefits. In the lawsuit, it is mentioned that Dannon charges about 30% more for the Activia and DanActive yogurt lines than other yogurts. The lawsuit also contains scientific reports showing that there is no conclusive evidence proving that probiotic bacteria can benefit adults. One such report was released by the American Academy of Microbiology, which states, “At present, the quality of probiotics available to consumers in food products around the world is unreliable.”
Trish Weiner filed the lawsuit in Los Angeles on January 23, saying that the “only effect that it had on me was that it tasted poorly.” Weiner’s lawyer, Tim Blood, with the San Diego firm Coughlin Stoia, said, “Companies are getting more and more aggressive in their advertising claims. They end up playing off people’s general fears and concerns.” He claims Weiner suffered an “economic injury” and believes if settled, the lawsuit could amount to as much as $300 million dollars.
You can read dannon’s response to the lawsuit here.
January 27th, 2008 at 11:57 am
I am really glad to see someone forcing accountability on these companies and thier claims. They should know better. Also, an influx of bacteria can be counterproductive to those who are immunocomprimised and I see no disclaimer to that effect on television. There are too many variables not covered to advertise so recklessly with a person’s health. Pharmacueticals back door advertising should be shut down as well. That is my 2 cents!
January 27th, 2008 at 10:21 pm
Hello:
I have at least one receipt, from last year, for this product. My aging mother and father are the main consumers. I have only tried to make them comfortable in their last years. How do I join this class action suit?
January 29th, 2008 at 2:00 pm
I am sadly disappointed to read about the claims made by Activia Yogurt. I have recently put my 5 year old granddaughter on activia as she has had problems with her bowels with requent constipation. I have convinced her mother that my granddaughter should eat an Activia every day to regulate her bowels. So have I been tricked. If so, I’d like a respsonse from Danon regarding this two week challenge advertised on it’s product. Do you now have any alternate solutions to this little girls problems?
Sadly disappointed.
January 30th, 2008 at 3:47 pm
Activia works for me. Maybe it does not work for everyone. And 3 MILLION?? Did you spend that much on it?? Wow. Seems a little extreme to me. Good luck.
ps. have you tried any of the other yogurts that make the same claim? (just worded differently)
January 30th, 2008 at 7:44 pm
One thing to remember is that unfortunately it doesn’t take much to start a lawsuit. In the end I don’t think Dannon will be found for doing anything wrong.
February 22nd, 2008 at 7:44 pm
I continue to buy Activia even with the recent findings. I find it not only to indeed help with digestion but also think it is great tasting. I agree with the last comment that said it doesn’t take much to start a lawsuit. Honestly how much could Trish Weiner have purchased… $300 million dollars seems a bit much for “economic injury” wouldn’t you say? Come on Trish play the lotto like the rest of us instead of trying to take a big name company to the cleaners because you don’t like the taste of their product!
February 23rd, 2008 at 9:03 am
[...] What’s up w/the yogurts with added nutrients - plain yogurt is a beautiful, healthy thing (see previous rant). You can add fruit, or honey, or cereal to it, and you have a nice snack or breakfast. I don’t see a need for adding a bunch of sugar, probiotics (yogurt has plenty on its own) or whatever, packaging it in a bunch on nonrecyclable little containers (global warming, anyone?), sticking a “healthy” label on it, and putting it @eye level on grocery shelves. [...]
March 4th, 2008 at 3:29 pm
I have severe constipation problems to the point my doctor wants to do surgery.I have tried the activia in every flavor the make and I am sad to say it didn’t work for me at all.I think that 300 million is a little much.I also believe that some products are just not right for some people that’s why there is such a variety out there.I mean for example some people that have athritis use tylenol and it works great for them do we sue them because it doesen’t wrok for you?No we don’t we try a diffrent product.
March 6th, 2008 at 4:00 pm
WORKOUT, EAT HEALTHY AND NATURAL FOOD ( FRUIT, VEGIES, FISH.) AND STOP LOOKING FOR A QUICK WAY TO GET HEALTHY. GET A JOB AND LIVE THE COMPANIES ALONE. HOW LAZY ARE AMERICANS IT IS PATHETIC.
March 6th, 2008 at 11:34 pm
I have experienced very painful abdominal and urinary problems due
to use of Dannon Activia and DanActive yogurt products. The products
has caused gall-stones in my gall-bladder and kidney stones in the urinary
tract and kidneys. I also have extreme constipation from using this
product. I support the lawsuit being filed against Dannon by a consumer
named Trish Wiener and her atty. is Tim Blood. I’m still fighting since
early November 2007 for a settlement amount of $29.95 on the total
purchases, receipts sent, on Dannon Activia and DanActive yogurt
products. In reply, still no comment nor a check in the mail payable to
me for $29.95. Contacted them many times. Its time to kill the product.
March 7th, 2008 at 4:06 pm
Here is my experience: I was on antibiotics for one year. When I stopped the antibiotic therapy I developed severe constipation and bloating and back pain as well. At one point my symptoms were similar to Ovarian Cancer. I sought medical help with my internist. After about 6 months of blood tests, CT scan, colonoscopy, upper and lower GI scans, pelvic scans and cancer screenings which were all negative my doctor recommended Dannon Activia. Without much to lose I tried Activia for 1 week. After 1 week my symptoms slowly resolved. The bloating, constipation and back pain were gone. I had regular bowel movements and was off medications.
My experience with DanActive and Activia is that it may not work for everyone, but I am happy that it worked for me!
March 13th, 2008 at 4:28 pm
I’m sadly disappointed that a grown woman would take it upon herself to prescribe a treatment for a child based on a commercial. Your alternative is to seek professional advice, not ask for the masses at large to diagnose and treat.
Simply put, some folks like the effects of Activia and DanActiv, others do not. This lawsuit is ridiculous, unless Activia or DanActiv outright harmed someone with permanent internal injury or death.
“Bobbie Bullock Says:
January 29th, 2008 at 2:00 pm
I am sadly disappointed to read about the claims made by Activia Yogurt. I have recently put my 5 year old granddaughter on activia as she has had problems with her bowels with requent constipation. I have convinced her mother that my granddaughter should eat an Activia every day to regulate her bowels. So have I been tricked. If so, I’d like a respsonse from Danon regarding this two week challenge advertised on it’s product. Do you now have any alternate solutions to this little girls problems?”
April 1st, 2008 at 7:58 pm
Activia works great for me. I have been trying to diet and cut back on the amount of food I eat. However this causes me constipation with small hard stools. One Activia and problem is gone. I don’t eat it every day but two or three times a week. I really enjoy the taste and consistency, and sometimes eat it for dessert or as a special treat. If it doesn’t help you with your problems, you need to see a gastrointestinal specialist and perhaps have a colonostomy.
Another product that works great for reflux and daily indigestion is Prilosec OTC.
I feel so much better using both of these products!
May 12th, 2008 at 6:06 pm
Wow, talk about sue happy Americans. Its yogurt, it doesn’t claim to cure cancer. It works for some people, not for others… And to the first post its a probiotic, it helps keep your body inhabited by the good bacteria. Its when those good bacteria are knocked out that the bad ones can take over. I love when people talk about things they clearly know nothing about.
-Registered Nurse, BSN
July 29th, 2008 at 5:23 am
Anyone can sue anyone else for anything but it doesn’t mean that the sue’d party is guilty. Of course I want Dannon to be acurate in it’s claims but don’t people realize that lawsuits (and especially class-action) benefit the attorney’s…getting a $2.00 check for the parties to the lawsuit…please…it’s not even enough to go buy yourself more yogurt…if it works for you, good deal, if not, keep trying other brands.
I happen to like both Activia and Danactive. I hope they have beneficial properties but if not, it’s not the end of the world for me. I have a life.
Just trying to eat healthy - PSS
August 10th, 2008 at 11:53 am
The Deuce diaries blogs about all the bowel problems he had before he started using Activia. http://www.thedeucediaries.blogspot.com . It may not be scientific, but it is quite convincing.
January 4th, 2009 at 10:05 pm
I used this product and I have to say it works for me. I am a PhD student and I have very irregular food habits … and thus I always have bloating etc … but I have found out that when I eat actvia soon as I get bloated .. it goes away. I also know that most of the women and even men around me eats actvia and they like it and two girls have already said they have the same effect from activia as I do.
I am guessing that different people gets different responses .. and so you can’t blame a company if it doesn’t work for you … because there are thousands it works for.
January 26th, 2009 at 11:19 am
Danone sells its 100g Activia yoghurt in nonrecylcable containers - what a waste - each time you eat one little (and they are little) yoghurt you have to throw away the container which will be forever in a landfill.
for shame.
February 4th, 2009 at 4:16 pm
You’re right RN BSN, too many sue happy people, it is disgusting, make a living some other way.
I am never one to post to these types of things, but I can’t let this one go.
I have been chronically constipated since my early 20’s, I am now 43. You name it, I have tried it, I have been to gastroenterologists, have had many tests over these 20 years, even been to two nutritionists, none have helped me. When Activia came out, I figured it can’t hurt, I know for a fact that probiotics are good for your digestive tract. I started eating one a day, probably for months, I saw no difference. Mind you, I would have a bowel movement once every couple of weeks, and less then my cat would go, it is a miserable way to live. I have recently gone to see a motility specialist in the Bronx, NY at Montefiore Medical Center, he said that I needed to re-train my body with a very high-fiber diet. He prescribed Amitiza, my body just basically laughed at that, it had no change what so ever. Along with the high-fiber diet, I had to eat Activia daily, I immediately felt and looked like I was 7 months pregnant. The discomfort was so intense, I cried often, and would need to use a Fleet Enema to get the slightest relief. I stuck it out for about 6 months, and couldn’t take it any longer, he even put me through a Pelvic Floor test to find that I do in fact have a pelvic flooy dysfunction, so on top of the chronic constipation, I was incapible of moving anything out. I stopped going to the Dr. at Montefiore, I was more uncomfortable than I have ever been. I decided that I would try eating 3 cups of Activia in the morning, a few weeks ago, and eventually I started to feel the urge to “go”, mind you, it was not a huge amount, but a major improvement for me. Today in fact, I was very surprised that what I passed was more normal looking. This yogurt has given me more hope than I have ever had.
February 24th, 2009 at 3:00 pm
For those of you with constipation problems, that is a digestive disorder. I would see your local herbalist at a health food store like Henry’s or Jimbo’s or Whole Foods. Or go to a nutrionist. There are several products to help you such as premium probiotics not activia(uses a very poor strain of bacteria) as well as plant extracts such as aloe vera juice (but only choose the highest quality), and homeopathics like colonsonia canadensis preferably in liquid tincture form. These methods have worked for 100’s of years.
April 20th, 2009 at 11:57 am
I have had bowel problems my entire life, and I m finding Activia to work for me.
May 28th, 2009 at 4:27 pm
People need to take responsibiliy for their own actions. You have to ask “what are the damages” I have to say, yogurt isn’t going to damage anyone no matter what. Yes, the attorneys do get wealthy over these crazy claims. So stop it! stop it! right now. I love Dannon yogurts they are very tasty, whether they make me go or not.
Debbie
June 5th, 2009 at 2:09 am
I am living in Italy and started buying Activia about 7 months ago. Not only does it taste great but it has helped me with my digestion problems which I have had all my life. Frankly, I dislike corporation and CEOs even more, owing to their greed and lack of concern for the public good. Nevertheless, living in Italy has also helped me to see how lawsuit-happy Americans are. While Americans laud individuality, they bite at any opportunity to blame someone else for their decisions.
June 15th, 2009 at 6:36 am
Hello - ACTIVIA worked wonders for me. And still does. I swear by it. And it snot because of what companies “claim”it does. its what ive experienced. I normally don’t listen to false claims but this claim is true. I can’t live without activia….it has regulated my IBS for 2 years now.
June 22nd, 2009 at 1:12 pm
Cal,
If you don’t like the product or it’s packaging, don’t buy it.
I can’t imagine these tiny containers taking up much space once they’re emtpy, in a landfill or where ever else they end up. I’d say we’re in danger of other things filling up those landfills first. And just think, after a few hundred million years or so, it all turns back into oil anyway.