SAN DIEGO — The Eleventh Circuit Court of Appeals issued an order on Friday that a federal judge in Miami appropriately granted class certification in a false advertising class action lawsuit involving YoPlus digestive health yogurt manufactured and sold by General Mills and Yoplait USA. According to the court of appeals opinion, U.S. District Court Judge Paul C. Huck's order granting class certification "is a scholarly work reflecting careful attention to the requirements of Federal Rule of Civil Procedure 23, existing precedent and the factual background of this matter."
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 prosecuted by Blood Hurst & O'Reardon, LLP involving Dannon's "probiotic" digestive health yogurt products Activia and DanActive. Like General Mills does with YoPlus, Dannon charged a premium price for its Activia and DanActive products.
Timothy Blood, co-lead counsel for the class in the YoPlus lawsuit and managing partner of Blood Hurst & O'Reardon, LLP said that although Dannon resolved the Activia and DanActive claims through settlement, he fully anticipated taking the General Mills case to trial.
"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.
The YoPlus class action lawsuit is entitled Fitzpatrick v. General Mills, Inc. (S.D. Fla.). For more information, visit: http://www.bholaw.com.
About Blood Hurst & O'Reardon, LLP
Blood Hurst & O'Reardon, LLP specializes in consumer protection law. It represents consumers, insurance policy holders, investors and small businesses in class action lawsuits nationwide.
Contact: Timothy G. Blood
Blood Hurst & O'Reardon, LLP
600 B Street, Suite 1550
San Diego, CA 92101
Phone: 619-338-1100
tblood@bholaw.com
Source: Blood Hurst & O'Reardon, LLP
