The same day that the Federal Trade Commission announced a settlement
over alleged deceptive advertising claims for DanActive® beverage and
Activia® yogurt, Ohio’s attorney general filed a lawsuit alleging that The
Dannon Co. has violated the state’s Consumer Sales Practices Act (CSPA) by
failing to substantiate the health-related claims it makes for the products.
Ohio v. Dannon Co., Inc., No. 10-12-18225 (Ct. Com. Pl., Franklin Cty., filed
December 15, 2010). The complaint takes issue with marketing claims that the
products either promote digestive health or boost immunity.

Under the authority of the CSPA, Attorney General Richard Cordray (D) brings
the action “in the public interest” and seeks declaratory and injunctive relief,
liability for “the reasonable costs and expenses of the investigation and
prosecution of the Defendant’s actions, including attorneys’ fees,” as well as
$25,000 “for each unfair or deceptive act or practice alleged herein.” According
to the complaint, Activia® has been deceptively marketed since 2006, while
DanActive® has been deceptively marketed since 2007.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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