Functional Yogurt Claims Draw Criticism, Lawsuit

The boomtown that is functional foods hit high notes in recent years with energy drinks, such as Monster and Vitamin Water, and more recently with yogurt, such as Activia and DanActive. These two yogurt brands, both from Dannon, has come under fire for their marketing, which features direct and implied claims of health benefits relative to immune function. While Dannon touts and defends claims of scientific support for its specific probiotic strains—L. casei Immunitas (DanActive) and Bifidis Regularis (Activia).

However, a consumer lawsuit against the yogurt maker alleges "financial injury due to deceptive advertising," saying Dannon has no scientific support of the claims that convinced her to buy the product. A U.S. District Court judge will decide whether or not to widen the case to a class action. Many critics, such as Center for Science in the Public Interest (CPSI)—which has gone after other functional food makers—argue the claims made by Dannon and manufacturers of other functional foods and beverages are over-reaching and misleading the public into thinking health functions, especially the trendy immune function, can be significantly improved by consuming food products formulated with nutrients, sometimes in debatable content levels.