Yoplait Class Action Can Proceed, Appeals Court Rules

The Eleventh Circuit Court of Appeals has issued an order allowing a false advertising class action lawsuit against General Mills and Yoplait USA to proceed.

Since YoPlus was launched in July 2007, General Mills has advertised that YoPlus yogurt provides unique digestive health benefits because it contains "probiotic" bacteria and fiber.  

The class action complaint alleges that General Mills has no scientific support for the YoPlus digestive health advertising claims.  The Court's decision notes the allegations of the misleading advertising messages that allow General Mills to charge up to a 44% price premium for YoPlus over other yogurt products.  

In 2010, Dannon agreed to a $45 million settlement in a class action lawsuit involving Dannon's "probiotic" digestive health yogurt products Activia and DanActive.  Like General Mills, Dannon charged a premium price for its Activia and DanActive products.

The appeals court upheld the order granting class certification issued by U.S. District Court Judge Paul C. Huck.

"The Eleventh Circuit opinion is an important victory that allows consumers to hold companies accountable for false advertising through the use of a class action lawsuit," said Tim Blood, one of the lawyers for the plaintiffs.