Tag: yogurt
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Consumer Fraud Claims Against Manufacturers of Foods with Fiber Dismissed as Preempted
A federal court in Illinois has dismissed claims that companies failing to disclose that the fiber in their snack-bar and yogurt products is “non-natural” chicory root-based inulin, which allegedly lacks the same health benefits as “natural” fiber, have violated state consumer fraud laws. Turek v. General Mills, Inc., No. 09-7038 (N.D. Ill., decided September 1,…
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JPML Denies Request to Consolidate Yo-Plus® Health Claims Cases
The Judicial Panel on Multidistrict Litigation (JPML) has denied a request to transfer four pending federal lawsuits to a multidistrict litigation court, finding that the common factual questions about General Mills’s alleged nationwide marketing claims for its Yo-Plus® yogurt products are not sufficiently complex or numerous to justify consolidation. In re: General Mills, Inc., Yoplus…
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Danone Withdraws Requests That EFSA Approve Health Claims for Yogurt Products
Danone has reportedly decided not to pursue its applications to the European Food Safety Authority (EFSA) to approve beneficial health claims for two of its yogurt products, Actimel® and Activia®. According to a news source, the company took the action because of changes to European regulation of health claims. Previously, each member state’s regulatory authority…
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Class Notification Underway in $35 Million Dannon Yogurt Settlement
After a federal court in Ohio preliminarily approved the settlement of claims that The Dannon Co. deceived consumers by advertising the purported digestive health benefits of its Activia® and DanActive® products, class notification was initiated. Gemelas v. The Dannon Co., Inc., No. 08-236 (N.D. Ohio, order filed January 27, 2010). Without admitting liability, Dannon has agreed…
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Another Lawsuit Claims Yogurt Maker Violates False Advertising Law
A New Jersey resident has reportedly filed a putative class action against General Mills, Inc., alleging that the company’s claims about the beneficial digestive health benefits of its Yo-Plus® yogurt products are false and misleading. Amin v. General Mills, Inc., No. 10-305 (D.N.J., filed January 19, 2010). According to a news source, the plaintiff alleges that…
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Federal Court Certifies Class Action Against Yogurt Maker
A federal court has certified class claims against General Mills alleging that the company’s advertising for its premium-priced Yo-Plus® yogurt violates the Florida Deceptive and Unfair Trade Practices Act because the product does not provide any digestive health benefits that cannot be obtained from eating normal yogurt. Fitzpatrick v. General Mills, Inc., No. 09-60412 (S.D. Fla.,…
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Settlement Reached in Probiotic Yogurt Litigation
Without admitting liability for alleged misleading advertising involving its probiotic yogurt products, The Dannon Co. has agreed to settle claims in seven putative class actions for $35 million. Gemelas v. The Dannon Co., Inc., No. 08-00236 (N.D. Ohio, stipulation of settlement filed September 18, 2009). If approved by the court, the settlement would also require…
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Probiotic Yogurt Plaintiff Seek Class Certification in Florida Court
A woman who alleges that General Mills, Inc. deceives the public by claiming its Yo-Plus® probiotic yogurt is beneficial for human digestion has filed a motion for class certification in a federal court in Florida. Fitzpatrick v. General Mills, Inc., No. 09-60412 (S.D. Fla., filed August 4, 2009). More information about the litigation appears in…