Dannon Company - the U.S. subsidiary of the French firm Danone - has agreed to set aside $35 million to reimburse consumers who purchased its Activia and DanActive branded yogurt products to settle a class action lawsuit charging deceptive advertising.In a lawsuit filed in January 2008 in the U.S. District Court for the Northern District of Ohio Eastern Division, James Gemelas, an Avon, Ohio resident, claimed to have lost money and incurred damages after buying Dannon yogurt products based on unsubstantiated health claims. He charged the company with violating the Consumer Sales Practice Act, the Deceptive Trade Practices Act and breaching an express warranty.
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