Dannon Company, Inc., The
The FTC brought an enforcement action against The Dannon Company, Inc. regarding deceptive health claims made in advertising for its probiotic yogurt products, including Activia and DanActive. Dannon made unsubstantiated claims that these products provided specific digestive and immune health benefits, including reducing the likelihood of getting a cold or flu. The consent order required Dannon to cease making such claims without competent and reliable scientific evidence and to pay $21 million in consumer redress.
Flagged claims (2)
clinically proven
scientifically proven
Required actions (4)
IT IS ORDERED that respondent, directly or through any corporation, partnership, subsidiary, division, trade name, or other device, in connection with the manufacturing, labeling, advertising, promotion, offering for sale, sale, or distribution of any Covered Product in or affecting commerce, shall not make any Representation that such product prevents, reduces the risk of, or decreases the duration or severity of colds or flu, or that it helps children avoid missing school due to illness, unless the representation is non-misleading and, at the time of making such representation, respondent possesses and relies upon competent and reliable scientific evidence that substantiates the representation.
IT IS FURTHER ORDERED that respondent shall pay Twenty-One Million Dollars ($21,000,000) to the Commission.
IT IS FURTHER ORDERED that respondent shall, for a period of ten (10) years after the date of service of this order, maintain and upon request make available to the Federal Trade Commission for inspection and copying: A. All advertisements, promotional materials, and any other materials that contain any Representation covered by this order.
IT IS FURTHER ORDERED that respondent shall, for a period of ten (10) years after the date of service of this order, maintain and upon request make available to the Federal Trade Commission for inspection and copying all records that demonstrate compliance with the terms and provisions of this order.
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