Those who wish to opt out of the $35 million Dannon Company Inc. yogurt settlement that concluded a false advertising claim against the company dating to January 2008 have until May 24 to do so.
Those opting out would presumably seek a different avenue toward a settlement.
White Plains-based Dannon, which had marketed its Activia probiotic brand of yogurt as possessing extra health benefits, denied wrongdoing, but settled the case before it went to trial. As part of the settlement, a fund of $35 million was established to reimburse consumers. The company also altered the advertising for its Activia and DanActive brands.
The last day a consumer could buy Dannon products and still be eligible for the settlement was April 23.
Claim forms and court records are available at Dannonsettlement.com. A letter to the court is required to opt out of the settlement.
In a prepared statement, Dannon spokesman Michael Neuwirth, said, “The decision to settle this case is based on the company”™s desire to avoid the distraction and expense of litigation and to quickly resume 100 percent focus on making products that provide proven health benefits to millions of highly satisfied consumers.”
Consumers who bought specific Activia or DanActive products before April 23 are eligible to join the settlement and request cash refunds. Dannon will reimburse consumers for up to $30 worth of yogurt without proof of purchase. Shoppers who can provide proofs of purchase, like grocery receipts, will be eligible for up to $100 in cash refunds.
Shoppers requesting more than $15 in reimbursement are required to sign affirmations that they purchased the involved products. All claims must be completed and postmarked by Oct. 1.
