One of the hottest food marketing trends these days involves adding live bacteria to dairy products as a way to boost health.
Dannon claims Activia can help regulate your digestive system. Now lawyers have filed a class-action lawsuit against yogurt maker Dannon, one of the biggest sellers of “probiotic” yogurts, saying the claims of a health benefit dupe consumers. The company’s Activia and DanActive line of yogurt products contain live bacteria and claim to help regulate digestion and boost the immune system. The suit, filed in United States District Court in California, seeks redress for consumers who purchased the yogurt products based on what it says are “bogus claims.”
“Deceptive advertising has enabled Dannon to sell hundreds of millions of dollars worth of ordinary yogurt at inflated prices to responsible, health- conscious consumers,” said Los Angeles attorney Timothy G. Blood, of the firm Coughlin Stoia Geller Rudman & Robbins.
In response, Dannon issued a statement saying it “stands by the claims of its products and the clinical studies which support them.”
“All of Dannon’s claims for Activia and DanActive are completely supported by peer-reviewed science and are in accordance with all laws and regulations,” said the statement. “Dannon’s advertising has always been and will continue to be absolutely truthful, and Dannon will vigorously challenge this lawsuit.”
Probiotics are defined as live microorganisms that, in sufficient amounts, confer a health benefit on the host. A growing body of research links probiotics to relief of digestive tract complaints such as irritable bowel syndrome, yeast infections, and diarrhea that results from certain illnesses. The idea behind probiotics is to increase the amount of beneficial bacteria in people’s intestinal tracts as a way to aid digestion, boost the body’s natural defenses and fight off harmful bacteria that can cause health problems.
Although the scientific evidence shows that probiotics really can help, questions remain about how well that research translates into the real world, where some marketers may add untested amounts of the bacteria to various foods. While there are thousands of different probiotics, only a handful have been tested in clinical trials and been shown to deliver specific health benefits when eaten regularly. Most probiotic products can be found in the dairy case or as dietary supplements.
Dannon’s Activia line has been a marketing success story for the company, surpassing $100 million in sales in the United States its first year. The yogurt includes a form of Bifidobacteria that survives passage through the digestive tract, arriving in the colon as a living culture. The company claims that “once there, it plays a beneficial role in your intestinal ecosystem.” The yogurts are backed by a high-profile advertising campaign as well as a Web site. The site includes a link to company-sponsored studies showing that the bacteria used in Activia significantly improves regularity in study subjects.
The firm’s DanActive line, meanwhile, contains a different type of bacteria the company claims “helps strengthen your body’s defense.”
The Food and Drug Administration doesn’t do much to guide consumers on the issue, simply policing food packages to make sure that companies do not try to equate probiotic products with disease-curing drugs.
A 2006 report from the American Society for Microbiology noted that “at present, the quality of probiotics available to consumers in food products around the world is unreliable.”
Last year, The Times wrote about the marketing of Activia and other probiotic products. To read the story, click here
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From 1 to 25 of 233 Comments
When I see the number of health claims on food - I am amazed! It’s truly ‘buyer beware’ in the grocery stores.
I have always bought yogurt that contained ‘live and active cultures’, and sometimes I use that yogurt to make my own in an easy-to-use yogurt maker that cost me $10. I use nonfat yogurt for many things, but I do not buy the individually packed, specially fortified, higher priced yogurts because I don’t believe they are better. And many of the special yogurts marketed for kids are full of sugar (a quick ‘field test’ for yogurt - make sure the % calcium is higher than the grams of sugar, really it works–try it!!).
I refuse to be fooled by words on the front of a container - I turn it over and read the ingredients list. Food marketing specialists know we’re concerned about our health and that translates into slick names for foods, unnecessary and ineffective additives, and higher prices. I don’t want to pay a higher price without looking into what I’m buying. I don’t want to end up with a highly processed, less healthy ‘health food’. http://www.feedingthekids.com Ellie Taylor, RN
— Ellie Taylori seriously loved yogurt as a breakfast on the go but i barely buy any . I had heard that youll get to win a ticket to go to la with hannah montana my idol . but i guess not . thats nasty . i will never buy that brand again . i love hannah im her #1 fan ever .ugh
— mileyFor decades it is known that residents of the ever cold Siberia carried yogurt intheir leather back packs.In magazines of Nature cure the benefits of eating yogurt have been well researched. In the Punjab in India, Lassie, sugared and mashed yogurt is the sine qua non during the hot summers.
— s.divakaranMore research isneeded before one condescends to condem Dannon whose products are indeed very good.
I don’t know what you’re smoking, but I’ve lived half of my life in Siberia and haven’t heard of anyone carrying yogurt around for anything but a trip home from the store, in a backpack or anything else. Haven’t seen any leather backpacks, either. More research is needed, you say?
— Ivan K.I do love yogurt and think it is a healthy snack-but I tried the Danon variety that’s supposed to help regulate your digestion in one week-and it seemed to do exactly the opposite. I just stick to regular yogurt when I want it.
— Loves Yogurt But….Any studies that are funded by the company that is producing a product (ANY product) it will always show favorably to that company, regardless if the product does or does not work. Further studies should be done by independent agencies to assess the effectiveness of the probiotics, not just the company that is making it.
— Christopher GilletteProbiotics do work, you just have to allow them to build up. You can’t expect to have a small helping of yogurt and BOOM you’re experiencing a difference. I take probiotics daily, and I know they make a difference… a positive difference for my body. I commend Dannon on bringing probiotics to the consumer in a way that isn’t viewed “hippy” or “alternative”. There’s always someone out to make a buck without having to work for it.
— neatoGo Kefir grains. Get 34 bacteria and a few yeasts. Home cultured Kefir is easy. You cannot buy it.
— BobAside from any benefits I drink Kefir because I love it.
Kefir grains are shared by Kefir enthusiasts.
I always found these TV commercials for Activia (in Canada, at least) vulgar. Lots of crotch shots of a woman as she “dances.” Me and my wife have nicknamed it “The Dancing Yeast Commercial.”
— Robert‘live and active cultures’ - this is a total falsehood, specially for long term storage dairy products such as yogurt. Alive bacteria should grow and acidify product in 5 - 7 days what never happened with brands yogurts in USA. It is possible just in case if amount of microorganisms are too low, but at this conditions they will not have any probiotics effect(s). Have you seeing ever amount of bacteria on the container? Answer is: no. However, any yogurt is very good source of supplements.
— Valery YermalitskyIf people would stop eating a crappy diet and start exercising regularly these bowel problems they’re seeking to cure would vanish.
I used to have the same problems, tried Activa and found it did nothing for me.
Then I stopped eating processed foods and started eating whole foods, vegetables, fruits, lean animal protein, etc.
Voila, my bowel problems vanished within a few weeks not to mention an array of other health problems.
— BarryI read about probiotics recently and wondered if they might help with a chronic case of something too disgusting to describe. I bought Danimals, Dannon’s yogurt smoothies with added probiotics, and my problem resolved in two days.
Eventually, I realized that the problem had developed after I needed a course of extreme antibiotics. So I figure that the extra bacteria in the yogurt replaced the supply in my gut that had been wiped out. Regular yogurt did not do the trick.
— EllenBarry your comment is ludicrous, IBS IS A MEDICAL CONDITION! Eat great, work out and I have had it for over 20 years. Some people are lucky and diet does help. But to make such a strong statement is wrong.YOU CAN SPEAK FOR YOURSELF BUT NOT FOR EVERY PERSON WHO SUFFERS FROM IBS.
— JOinteresting
— carolThe problem (other than the fact that there are so many yogurts available that taste much better than Dannon and don’t have the artificial ingredients Dannon has) is that most of those yogurs also contain live cultures. Read the labels. Dannon isn’t special. It isn’t even as special as it was 25 years ago when its label said “no artificial anything”. So if the company is advertising in a way that says (or implies) that Dannon is somehow “better” than other yogurts, that’s false advertising. It’s deceptive. Relying on health claims made by food manufacturers can stop persons with true medical conditions from seeking proper medical help. Yogurt is great, I love it, but it’s not medicine.
— Anniejust goes to show how stupid joe public really is.
— sheepleDannon Activia really helped my bowels. I rarely fart anymore and if I do, it does not smell so badly.
— nuttaActivia has never appealed to me precisely for the reason of the hype. On researching the links it seems like a fine product! It will be interesting to see where this lawsuit goes.
It seems attorneys more and more engage in the business of class action lawsuits. This one doesn’t seem in the public best interest to expose the manufacturer, if the claims are exaggerated. After all, yogurt is good for you! Is Activa better than Stonyfield Farm Organic Lowfat Plain yogurt? On its website, Stonyfield Farm at least posts each serving contains “more than five billion probiotic cultures.” - http://www.stonyfield.com/OurProducts/probioticcultures.cfm I just called Activia, and the customer svc rep said 1 billion, 130 million cultures reach the customer in a 4 oz container. Then I called Stonyfield Farm, and Mac said 5 billion per 8 oz serving reach the customer. Plus Stonyfield Farm is the only brand with six distinc cultures, including bifidus, which “essentially does the same thing” as the bifidus regularis that Dannon has the patent and did the studies on.
The bottom line is, there should be a law against frivolous class action law suits!
Here’s more on the health of yogurt:
— Louisehttp://www.whfoods.com/genpage.php?tname=foodspice&dbid=124
i started eating the blueberry activia months ago. it tastes great but does absolutely nothing.!I was hoping it would help me with my ibs but it didn’t. i excercise and eat fresh fruits and veggies but oatmeal is the only thing that helps me a little.not the instant.
— Sharon ustafinskiProbiotics are helpful, but not just one or two strains of bacteria. Something like raw milk (which is currently under attack by the mainstream milk industry) has 180,000 times the diversity of bacteria that yogurt has.
I have been drinking raw milk for 2 years now, and colds are something of the past. The Mayo Clinic used raw milk as a treatment for asthma before steroids, and Stanford is currently studying raw milk as a treatment. Many studies in Europe have found raw milk to be an effective treatment for asthma.
But the milk industry is threatened. They have a lot of money. I know, because I see the got milk commercials and the Adachi family trying to get milk in a dystopic future where it is scarce. Now they are using their muscle to bribe state legislators in California so that raw milk is effectively banned. They want to kill it before it gets a solid following and their markets are threatened. Raw milk cannot be produced with economies of scale. It makes me ill to think how our representatives in California are representing industry over their constituents. That is how they get the money to lie to us with campaign commercials, so we ignorantly vote them into office again.
— JacobGo see http://www.gutflora.org/. A least 70 percent of our immune function resides in our gut. Research is suggesting that we during our evolution up until about the stone age received about a million times more good and bad bugs with our food daily than we do today. We live in symbiosis with bugs that are making important enzymes we cannot make ourselves. So, it is a matter of restoring our gut flora to what has been lost. A big ask. You will have to eat yogurt all day to make any difference at all.
— AIW(I have IBS, the doctor talked of like a temporarily pinched intestine only letting liquid through, so yogurt isn’t related.) I personally have to agree that their claims are deceptive. They have had my wife convinced Actimel will cure all her aliments for several years now. I explained it’s just watery yogurt, that she’s got us paying $5 more for a texture difference. When others start watering down their yogurt I’ll refill her containers with generic and laugh when she still praises Dannon for their miracle cure. I do the same with generic shampoo, soap, and drinks, the only difference is the deceptive bottle. LOL
— TimFor years I had digestive health issues. I am relatively young, eat a healthy diet rich in fruits and vegetables, plenty of liquids, and get daily exercise. After years of trouble I saw one of the top gastro-researchers and he could do nothing for me. I tried expensive pro-biotic pills with no effect. Then I started having an Activia a day last year and have felt better than I have in years. I don’t know what I will do if the lawsuit prevails and I can’t get the stuff. Maybe it doesn’t work for everyone, but do these plaintiffs really need to ruin it for those of us who it does benefit?
— MattdSpeaking as a microbiologist, I am sorry to burst everyones bubble, but, the “live cultures” quickly die off, and are all dead at time of purchase. We have done dozens of smears in our lab and have found nothing with microscopes. I tell people, if you want active cultures in yogurt, make your own.
Once the lawsuit is settled, I hope the FTC really cracks down on Dannon, and the other companies making fraudulent claims.
James A., MS
— James, MSLet’s put the lawyers on a yogurt diet. My vet and my internists thinks the active yogurt work. When my dog and I were on antibiotics (different causes) our doctors had us use yogurt. Unfortunately I didn’t do it for myself until I had severe diarrhea for a few days. All is well, but then I quit the antibiotics also. Who knows, store brands don’t cost much and they make a good, if too sweet snack.
For #17, you need to have your hearing checked (as the old joke goes).
— Rich