Settlement still an option in probiotic suit, says Dannon

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Dairy giant Dannon has confirmed that it is still considering an out-of-court settlement in class actions brought against it for making false and misleading probiotic health claims.

Earlier this year, the firm reportedly asked a court to stay a pending complaint against its probiotic products including Activia, Activia Lite and DanActive.

At the time, Dannon would not confirm that it was seeking an out-of-court settlement. However, David Ackerman of law firm Bingham McCutchen, which represents Dannon, said in a court filing: "The parties to this and other similar cases have reached a tentative nationwide class-action settlement contingent upon the occurrence of several events."

Dannon spokesperson Michael Neuwirth recently told NutraIngredients-USA.com that the case is “ongoing”. “Certainly, the possibility of settling out of court continues to be an option,”​ he said.

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