Dannon Yogurt Drops Misleading Nutrition Claims From Packaging, Must Get FDA Approval

PORTLAND, Ore. — Dannon Co. Inc. has agreed pay $21 million over health claims made for its Activia yogurt and DanActive dairy drink in settlements with state and federal regulators.

The food company has claimed that beneficial bacteria in its Activia yogurt helps relieve irregularity and that its DanActive drink boosts immunity.

The Federal Trade Commission said Wednesday there is not enough evidence to back the claims as currently stated in its marketing and packaging. It announced that it has reached a settlement with the company that prohibits it from making certain claims unless they are approved by the Food and Drug Administration.

The attorneys general from 39 states also announced Wednesday that they've reached a $21 million settlement with the food maker over the marketing claims. This case, led by attorney generals in Oregon and Tennessee, represents the largest attorney general consumer protection multi-state settlement ever reached with a food producer.

The two lead states will receive $1.06 million under the agreement and the remainder of the money will be divided among 3 other states.

"Consumers want, and are entitled to accurate information when it comes to their health," FTC Chairman Jon Leibowitz said in a statement. "Companies like Dannon shouldn't exaggerate the strength of scientific support for their products."

Dannon, which is owned by Groupe Danone of France, said it will more clearly convey that Activia's benefits on irregularity are confirmed only for three servings a day of the product not one as the FTC said its current methods imply. It also agrees that DanActive will not be marketed as a cold or flu remedy, which Dannon maintains it has never done.

"Millions of people firmly believe in, benefit from and enjoy these products, and Dannon will continue to research, educate and communicate about the benefits of probiotics on the digestive and immune systems," the company said in a statement.

Dannon settled a class-action lawsuit earlier this year over similiar claims from consumers that it inapproporiately advertised the benefits of the two products. Less than $1 million of a $35 million fund established in the case was paid out.

Comments

[Conk]

10:25 AM on 12/20/2010

Take all the nutritious fat out, add in tons of sugar. Now you just have liquid candy.

[rivahcat]

04:06 PM on 12/17/2010

Poor Jamie Lee Curtis; guess she's out of a job now!

[scholasticus]

04:03 PM on 12/17/2010

It is doubtful that any probiotics in yogurt reach the intestines. Stomach acids burn it off. Better to take a probiotic in a timed release capsule. There are several brands out there. Culturelle is the most famous.

[alahnar]

08:45 PM on 12/17/2010

That is misinformation spread by companies intent on selling pills. While I don't think dairy is the best place to receive anything, it's a better option than pills. Pills containing things we "need" are a faulty science. If something evolved with us as human beings, it's likely we're able to digest what it gives us better than some version of it in a pill.

[Conk]

10:27 AM on 12/20/2010

Not really true. Mankind, up until the FDA required all food be dead, has consumed fermented foods for thousands of years. The natural bacteria in them most certainly contributed to excellent health.

[drvittoriarepetto]

03:18 PM on 12/17/2010

if a yogurt has enough active & live cultures u can use it as a starter to make yr own yogurt, & dannon don't not work

[Margie Kronewitter]

06:49 AM on 12/17/2010

The FDA is so dizzy from going in and out the "revolving door of pharmaceuticals" for $$$$.

Antibiotics (knowingly over prescribed and creating flesh eating bacteria) which are loosely controlled by the FDA, DESTROY BENEFICIAL BACTERIA IN THE GUT. These bacteria produce B vitamins (especially B 12 ) which promote peristalisis that moves the gut contents along. Yoghurt replenish the bacteria IF THEY CONTAIN LIVE CULTURES and not cheap thickners.

The FOOD division should be separated from the DRUG division of the FDA. It's about FOCUS.

The FDA is also harassing NUT GROWERS for promoting the beneficial fats in their product. WALNUTS are great for the heart, brain, etc. but growers are not allowed to say it. ALMONDS contain beneficial fats and B vitamins (including B 17, known as Laetril which is used in cancer therapy in other countries). So... the genius FDA wants almonds to be pasteurized, heated to destroy the B vitamins???????? It is hard to get healthy almonds now that don't have their oils damaged by heat.

Tylenol causes more hospitalizations than ANYTHING ELSE. It would never make it through the FDA approval process due to LIVER DAMAGE. So WHY is it still poisoning over 100,000 people a year?????? Grandfather Clause knows best? And WHY is cannabis illegal when prior to 1937 it was a component of most patented medicines?????? No one has ever died from pot, or yoghurt, or almonds or walnuts. FDA is NUTS.

[No death panels]

07:32 PM on 12/17/2010

I don't know where to begin...no one should take antibiotics?...exactly which bacteria are in yogurt and where is the proof they help in any way?...where is the clinical trial evidence supporting walnuts for health?...Laetril is not a vitamin and has no known anti-cancer properties...Tylenol won't cause liver damage if taken as directed unless you have pre-existing liver disease...the FDA is simply preventing false advertising.

[StephenJK]

06:58 AM on 12/18/2010

Sorry, you're just ignorant.

[Chauncey Love]

12:06 AM on 01/14/2011

That's a lot of conspiracy theory in one post. Kudos.

[robinhood1]

09:45 PM on 12/16/2010

You can buy organic yogurt at Trader Joe's for less than the heavily advertised branded stuff.

[VanessaFas]

09:26 AM on 12/16/2010

$21 million for years of misleading claims? That doesn't seem like enough. Where does all that money go? Toward the federal budget deficeit, I hope.

[Havana Thinks]

05:07 AM on 12/16/2010

Greek yogurt for me.

[Tracey Ginn Guidi]

05:56 AM on 12/16/2010

agreed :)

[rougebaisers]

06:35 PM on 12/15/2010

http://www.youtube.com/watch?v=n6XuQvknE1Q

[logic123]

05:55 PM on 12/15/2010

It's the only yogurt brand that's labeled 'made in a wheat factory' and makes me very sick.

[Chauncey Love]

12:07 AM on 01/14/2011

Coeliac?

[Formeralaskangal]

05:23 PM on 12/15/2010

If they would also drop the HFCS from their ingredients list that would be good too.

[honorah131]

05:26 PM on 12/15/2010

I've never tried it, precisely because of the HFCS. Healthy? Get a clue, Dannon.

[Formeralaskangal]

05:34 PM on 12/15/2010

Exactly. Yoplait has HFCS too (except for the simply go-gurt, but that's newish). We eat Stoneyfield, because it's organic.

[merlinspinoza]

02:32 PM on 12/15/2010

http://biointegrity.org/

http://istpp.org/bio/fagan.html
http://www.archive.org/details/JohnFaganSpeachAt2ndMediterraneanConferenceOnOrganicAgriculture
http://www.purefood.org/
http://www.purefood.org/Organic/farmersfight081701.cfm

http://www.panna.org/

http://www.bangmfood.org/

[merlinspinoza]

02:31 PM on 12/15/2010

Danone is not organic in the supermarket i attend as a subsitute for sunday church service

Danone bought a beautiful company in quebec which was simply Yogurt : milk and yogurt culture

now it says as it does on many " yogurts" modified milk ingredients, modified starch, even gelatine on some

our great Huffpost army might get on the case namely it's quite allright to sell unhealthy stuff but lord have mercy if you make a health claim off to debtors prison you go

as a joke i had suggested if you put alcohol into raw milk it would be quite allright to sell it as a health food because everyone knows alcohol is " healthy"

i had been hoping alcohol [ as distinct from grape juice, barley, hops...the healthy stuff]would make a health claim so the FDA would ban it