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Marler Blog Providing Commentary on Food Poisoning Outbreaks & Litigation

FTC Approves Final Order Settling Charges That Dannon Made Deceptive Claims for Activia Yogurt and DanActive Dairy Drink – What food or drink might be next?

0227dannon.jpgPer the Federal Trade Commission News Release:

Under the terms of the settlement [announced in December, 2010], the company dannon(1).jpghas “…agreed to stop claiming that Activia relieves temporary irregularity, unless the representation is non-misleading and the ad conveys that eating three servings a day is required to obtain the benefit, or unless Dannon has competent and reliable scientific evidence that the benefit can be achieved from eating less than three servings a day …[the company has also]… agreed to stop claiming that DanActive or any yogurt, dairy drink, or probiotic food helps people avoid catching colds or the flu, unless the claim is approved by the Food and Drug Administration…”

What other food or drink products make claims that do not withstand scientific scrutiny?

  • Sam

    Hmmm. How about raw milk? Raw milk yogurt?

  • Gabrielle Meunier

    Truth in labeling law is extremely important. I eat Activia and will continue to do so, but the truth is the truth and Dannon should not be making claims that are misleading. I am glad that the FDA is very strict with labeling laws.

  • Tim Lukens

    It should be noted that the raw milk consumers themselves make the claims of benefits from raw milk consumption that they recieve. The producer of raw milk simply has to be willing to accept the risk of production. In this circumstance the mass marketer is making the claim in an effort to increase sales of it’s product. FDA approved drugs make health benefit claims, but those claims are also generally followed up by multiple pages of side affect notifications and disclaimers. So what does this say about “we the consumer”….?