Class Action Filed in Florida over Yogurt Claims
A Florida resident has filed a putative class action lawsuit against General Mills, Inc., in federal court, alleging that its claims about Yo-Plus® yogurt violate the state’s deceptive and unfair trade practices law and constitute a breach of express warranty. Fitzpatrick v. General Mills, Inc., No. 09-60412 (S.D. Fla., filed March 17, 2009). Seeking to certify a class of Florida Yo-Plus® purchasers, the plaintiff alleges that the company cannot substantiate its claims that the yogurt’s trademarked “unique blend of live probiotic cultures and natural fiber,” referred to
in marketing and on product labels as Optibalance™, “helps keep your digestive system right on track.”
According to the complaint, the unaware consumer “is led to believe that General Mills’ blend of ‘probiotic’ bacterial strains and small amounts of fiber will, in fact, improve the digestive systems of healthy people. In fact, people’s bodies already maintain the proper balance of intestinal bacteria.” The plaintiff refers to action taken in December 2008 by the Better Business Bureau’s National Advertising Division (NAD) recommending that General Mills modify or discontinue some of its advertising claims for Yo-Plus®. NAD purportedly found that the company’s claims about digestive health were not substantiated and that “no testing of the product was conducted.” Additional information about NAD’s action appear in issue 285 of this Update.
The plaintiff seeks damages in excess of $5 million, alleging that consumers, misled by the company’s product claims, paid premium prices for the yogurt, which has purportedly emerged as “one of the top sellers in the product category.” The plaintiff also seeks punitive damages and corrective advertising.
