General Mills Settles Yo-Plus Digestive Health Claims Suits

General Mills has agreed to establish an $8.5 million fund to settle claims
that it falsely advertised its Yo-Plus yogurt as a product that helped naturally
regulate “digestive health.” Johnson v. General Mills, Inc., No. 10-61 (C.D. Cal., stipulation of settlement filed February 4, 2013).

If the court approves the agreement, purchasers throughout the United States
will be able to seek $4 for each unit of Yo-Plus purchased, and any unclaimed
funds will be distributed to the National Consumer Law Center and Mayo
Clinic. The company apparently no longer sells the products. The costs of class
notice and administration, attorney’s fees and incentive awards for plaintiffs in
several related class lawsuits will be deducted from the settlement fund.

Recovery will be capped at 13 units of Yo-Plus yogurt per claimant, unless
proof of purchase for more units purchased during the class period can be
shown. A hearing for preliminary approval of the settlement is scheduled for
March 11, 2013.