Putative Class Claims Dannon Yogurt Is Not Yogurt
A New York resident has filed a putative class action against The Dannon Co., alleging that because the company adds “filler materials, such as water, corn starch, and Milk Protein Concentrate” to products that it sells as yogurt, the products contain “banned additives” and, as a matter of federal law, are not yogurt, are misbranded and “cannot legally be sold in the United States.” Conroy v. The Dannon Co., Inc., No. 12-6901 (S.D.N.Y., filed September 11, 2012). A number of allegations in the complaint, including a history of yogurt-making, are carbon copies of a complaint filed in a California federal court in August 2012 against Cabot Creamery Cooperative, alleging that its Greek-style yogurt cannot be sold in the United States for similar reasons. Filed by the same law firm, that case is discussed elsewhere in this Update.
Seeking to certify a nationwide class and New York subclass of product
purchasers, the plaintiff alleges breaches of express warranty, implied
warranty of merchantability and implied warranty of fitness for a particular
purpose; unjust enrichment; violations of New York Deceptive Acts or Practices
and False Advertising laws; negligent misrepresentation; and fraud.
The plaintiff asks for an order declaring that the company has violated the
statutes, compensatory and punitive damages, interest, restitution, injunctive
relief, attorney’s fees, and costs.
