Frequently Asked Questions
- What is this Lawsuit about?
- Why is there a settlement?
- How do I know if I am in the Settlement Class?
- What cash payments does the settlement provide?
- When will I get my cash payment?
- What Dannon Products are part of this Lawsuit?
- How will Dannon revise the Products’ marketing and labeling?
- Who represents my interests in the settlement?
- Do I have to pay money to participate in the Class?
- Can I exclude myself from the settlement?
- I wish to object to the settlement. What do I do?
- When and where will the Court decide whether to approve the settlement?
- Where do I get more information?
The Lawsuit claimed that Dannon falsely advertised the health benefits of its Activia® and DanActive® branded products. Activia was sold nationwide beginning in February 2006. DanActive was sold nationwide beginning in January 2007. Dannon stands by its advertising and denies it did anything wrong.
The Court did not decide who was right. Instead, both sides agreed to a settlement. By agreeing to a settlement, the parties avoid the costs and risk of a trial, and the Class will get compensation. The Class Representative and his attorneys believe that the settlement is in the best interests of the Class Members.
How do I know if I am in the Settlement Class?
To receive money from this settlement, you first have to determine if you are a Class Member. Class Members are those persons who purchased the Products in the United States up until April 23, 2010.
Excluded from the Class are Dannon’s officers, directors and employees, those who purchased the Products for the purpose of resale, and those with claims for personal injury.
What cash payments does the settlement provide?
Class Members may seek reimbursement of up to $100.00 of the cost of buying the Products. To receive payment, Claim Forms MUST be completed and either be submitted online, on this website, or postmarked by October 1, 2010.
Claims for up to $15.00: To receive reimbursement for purchases of up to $15.00, simply complete and return the Claim Form. If you cannot remember all of the information requested, fill in what you remember, and make your best estimate about the rest. For your convenience, the Products’ average retail prices are listed on this website.
Claims for more than $15.00 and up to $30.00: To receive reimbursement for purchases of more than $15.00 and up to $30.00, complete, sign and return the Claim Form. To receive more than $15.00, you MUST sign the Claim Form. If you cannot remember all of the information requested, fill in what you remember, and make your best estimate about the rest.
Claims for more than $30.00 and up to $100.00: To receive reimbursement for purchases of more than $30.00 and up to $100.00, complete and sign the Claim Form, and then return it with proof of the purchases you claim. To receive more than $30.00, you MUST sign and include with your Claim Form proof of purchase, such as receipts.
The actual amount a Class Member receives will depend on the amount of money available from the Settlement Fund described below and the number of claims made. If the total of valid claims is less than the amount of money available to pay them, then Class Members submitting valid claims will receive the full amount of the purchase price they paid. If money is left over, Dannon will give Activia and DanActive products to charities in an amount equal to the leftover money. If the total of valid claims exceeds the amount of money available to pay them, then each award will be reduced pro rata.
You may download a Claim Form on this website or by calling 1 (888) 418-6122.
When will I get my cash payment?
Cash payments will be made if the Court gives its final approval to the proposed settlement and after the final approval is no longer subject to appeal. If the Court approves the Settlement and there are no appeals, it is currently estimated that payments would commence in November, 2010.
What Dannon Products are part of this Lawsuit?
You can view a full list of Products and their average retail prices here.
How will Dannon revise the Products’ marketing and labeling?
Under the settlement, Dannon agreed to make certain changes to the Products’ marketing and labeling. Details on the labeling revisions are described in the Settlement Agreement.
Who represents my interests in the settlement?
The Court has appointed the plaintiff who brought the Lawsuit as the class representative. Class Counsel are the lawyers for the Class. The class representative and Class Counsel will act as your representatives for this settlement if you did not exclude yourself from the Class.
The Court has appointed several law firms to represent you, including:
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Timothy G. Blood Blood Hurst & O’Reardon LLP 600 B Street, Suite 1550 San Diego, CA 92101 Telephone: 619/338-1100 www.bholaw.com |
Jayne A. Goldstein Shepherd Finkelman Miller & Shah, LLP 1640 Town Center Circle, Suite 216 Weston, FL 33326 Telephone: 954/515-0123 |
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John R. Climaco The Climaco Law Firm 55 Public Square, Suite 1950 Cleveland, OH 44113 Telephone: 216/621-8484 |
Jonathan M. Stein Coughlin Stoia Geller Rudman & Robbins LLP 120 East Palmetto Park Road, Suite 500 Boca Raton, FL 33432 Telephone: 561/750-3000 |
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Frank Piscitelli Frank Piscitelli Co., LPA 55 Public Square, Suite 1950 Cleveland, OH 44113 Telephone: 216/931-7000 |
Do I have to pay money to participate in the Class?
No. You will not be responsible for any cost or attorneys’ fees incurred in this Lawsuit. If the Court approves the proposed settlement, Class Counsel will request that the Court award attorneys’ fees in an amount not to exceed $10,000,000, plus reasonable expenses.
The plaintiffs will also ask the Court to award them Incentive Awards of between $1,000 and $7,500 for their costs, time and effort acting as the plaintiffs and for their willingness to bring this litigation and act on behalf of other consumers of the Products.
Can I exclude myself from the settlement?
The deadline to exclude yourself from the settlement was May 24, 2010. If you excluded yourself from the Class, you gave up your right to receive any money from the settlement, and you will not be bound by the settlement or Final Judgment and Order, and you will not be barred from pursuing any individual claim you may otherwise have relating to the subject matter of the Lawsuit.
I wish to object to the settlement. What do I do?
The deadline to file an objection was May 24, 2010. If you filed an objection, you are still in the settlement, you remain a Class Member, and you will receive benefits if the settlement is approved and you timely submit your Claim Form. Even if you objected, you should return the Claim Form to receive settlement benefits.
When and where will the Court decide whether to approve the settlement?
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.
Where do I get more information?
Complete copies of the pleadings and other documents filed in this litigation may be examined and copied during regular office hours at the Clerk of the Court, United States District Court for the Northern District of Ohio – Eastern Division, 801 West Superior Ave., Cleveland, Ohio 44113. You may access the Settlement Agreement on this website.
PLEASE DO NOT CALL OR WRITE DANNON OR THE COURT FOR ADDITIONAL INFORMATION OR ADVICE.
