Court Preliminarily Approves Dannon Settlement

February 15th, 2010

Shepherd, Finkelman, Miller & Shah, LLP announces that on January 27, 2010, the United States District Court for the Northern District of Ohio, the Honorable Dan A. Polster presiding, preliminarily approved a settlement in a consumer class action, concerning Dannon’s advertising for Activia and DanActive branded products and their benefits from “probiotic” bacteria. The settlement class consists of all persons who purchased in the United States the food products marketed and distributed by Dannon under the brand names of Activia or DanActive, including any variations, formats or line extensions thereof at any time up to April 23, 2010. A $35,000,000 fund, and possibly up to $45,000,000, will be created to reimburse Class Members for the Products they purchased, and to pay related expenses.

A final approval hearing has been set before the Court for June 23, 2010.

In order to receive benefits under this settlement, Class Members must submit a valid Proof of Claim Form. Claim Forms must be postmarked or submitted online no later than October 1, 2010.