DENVER — Colorado Attorney General John Suthers announced today that his office has joined a $21 million multistate settlement with Dannon to settle allegations that the food company made unsubstantiated claims concerning the health benefits of its Activia and DanActive products. Colorado will receive $425,000 under the multistate settlement.
Under the 39-state settlement, Dannon will be barred from marketing its yogurt product Activia and dairy drink DanActive using untested scientific claims about the benefits of each product. Dannon will no longer be allowed to market Activia using claims that it makes consumers more regular or helps fight health conditions, including colon cancer, chronic constipation or chronic diarrhea. Dannon also will be prohibited from marketing DanActive by claiming that it “strengthens” consumers’ immune systems.
“The claims Dannon made about its products were clearly unsubstantiated and misleading to consumers seeking relief from dangerous or uncomfortable health conditions,” Suthers said. “This settlement underlines my office’s commitment to ensure that food manufacturers are not preying upon consumers through the use of false and deceptive advertisements.”
Alaska, Arizona, Arkansas, Connecticut, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Washington, West Virginia and Wisconsin also took part in the settlement.
The $21 million Dannon settlement is the largest multistate settlement based on the improper marketing of a food product.