Overview

A proposed settlement has been reached in a class action lawsuit about Dannon’s advertising for Activia® and DanActive® branded products ("Products") and their benefits from “probiotic” bacteria. The lawsuit claims the advertising was not true. Dannon stands by its advertising and denies it did anything wrong. However, Dannon has settled to avoid the cost and distraction of litigation. If you’re a Class Member, you may send in a Claim Form to get up to $100. Before any money is paid, the Court will have a hearing to decide whether to approve the settlement.

You’re a Class Member and may be eligible for a payment if you purchased, not for resale purposes, the Products in the United States at anytime up until April 23, 2010.

What does the Settlement Provide?

Dannon has agreed to create a $35,000,000.00 fund for the settlement. This fund will be used to pay valid claims submitted by Class Members, the costs to notify the Class about this Lawsuit and the settlement, the costs to administer the settlement, class representative incentive awards, and payment of the attorneys representing the Class and related litigation expenses. If the total amount of valid claims submitted exceeds $35 million less the costs, awards and fees set forth above, Dannon has agreed to supplement the fund by an amount necessary to pay all eligible claims, up to an additional $10 million.

Class Member Options

SUBMIT A CLAIM FORM You can submit a Claim Form electronically via this website or by mail postmarked no later than October 1, 2010. This is the only way to get a refund.

If submitting a claim for more than $15.00, you will also be required to sign the Affirmation that you purchased the specified Product(s). For those purchases for which you have proof of purchase, you must send the receipt or other relevant documentation. To receive more than $30, you MUST send the receipt or other proof of purchase. Do NOT send original documents – send photocopies.
EXCLUDE YOURSELF The deadline to exclude yourself from the settlement was May 24, 2010.
OBJECT OR COMMENT The deadline to file your written objection with the Court was May 24, 2010.

For further details on Class Member options, please consult the Notice or Frequently Asked Questions on this website.

Settlement Hearing

The Court has scheduled a Settlement Hearing at 12:00 p.m. on June 23, 2010, in the United States District Courthouse for the Northern District of Ohio – Eastern Division, 801 West Superior Ave., Cleveland, Ohio 44113 in the Hon. Judge Dan Aaron Polster’s Courtroom. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court may also decide how much to pay the attorneys for the Class. After the hearing, the Court will decide whether to grant final approval of the settlement. We do not know how long these decisions will take.

Please note the following important dates:
Date Event
May 24, 2010
[Expired]		 Exclusion Deadline (postmarked)
May 24, 2010
[Expired]		 Objection Deadline (filed)
October 1, 2010 Claim Form Deadline (postmarked or submitted online)
June 23, 2010
at 12:00 p.m. 		Settlement Hearing