A California woman has filed a lawsuit against The Dannon Company, accusing the company of false and deceptive advertising. According to the lawsuit filed by Trisha Wiener in a Los Angeles Courts, in its advertisements and on its label for Activia, Dannon continues to falsely claim that it is “proven” to improve one’s “intestinal rhythm” and “regulate your digestive system.”

Similarly, the label and ads for Dannon’s DanActive incorrectly state that it “has been clinically proven to help naturally strengthen the body’s defenses” and to improve the body’s “immune system.”

The lawsuit claims that Dannon itself knew that numerous scientific studies failed to support the health benefits touted in the ads. The complaint cites a study entitled “Probiotic Microbes: The Scientific Basis” which was issued by the American Academy of Microbiology in 2006 and determined that there was “no conclusive evidence” of probiotics providing health benefits

Dannon has promoted its Activia yogurt, which was launched in US in 2006, as the only yogurt that contains Bifidus Regularis, a true probiotic. As defined by the World Health Organization (WHO), a probiotic is a living microorganism that, when administered in adequate amounts, confers a health benefit on its host.

Timothy Blood, the attorney who represents Trisha Weiner, said the lawsuit seeks reimbursement for all U.S. purchasers of Activia, Activia Lite and DanActive, a sum of $300 million, and demands that Dannon engage in "a corrective advertising campaign."

After the huge success of Dannon’s Activia, which topped $100 million in sales during its first year, other food companies have started to consider similar products.

In response to the lawsuit, Dannon issued a press statement, saying that all the company’s claims regarding the two products are completely supported by peer-reviewed science and are in accordance with all laws and regulations. “Dannon’s advertising has always been and will continue to be absolutely truthful, and Dannon will vigorously challenge this lawsuit,” the company stated.

In addition, Dannon said that the scientific report cited in the lawsuit does not disprove Dannon’s scientific substantiation for its proven product benefits. The report cited in the lawsuit, published by the American Academy of Microbiology, does not even reference any Dannon products, Dannon explained.