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 the company’s own studies refute many of its health claims; he also cites insufficient-evidence findings by the National Advertising Division of the Council of Better Business Bureaus. The plaintiff seeks certification of a class of New Jersey residents who purchased the product since they were first sold in the state and alleges violations of the New Jersey Consumer Fraud Act and breach of express warranty. See Mealey’s Food Liability, February 2, 2010.

In issue 333 of this Update, we discussed the decision of a federal court in Florida to certify a class action raising the same types of claims against General Mills.