Trish Wiener, who owns a catering company, filed the suit. She claims that the only effect the Dannon brands had on her "was that it
tasted poorly." Dannon is able to charge 30% more for Activia and DanActive because of its misleading campaign, according to her lawyer, Tim Blood. Wiener bought the yogurt after seeing ads and spent
"more money" than she otherwise would have, he says.
Dannon promotes the yogurts as clinically proven to help regulate digestion and boost immunity because they contain "bifidus regularis" bacteria. Wiener's suit says Dannon's marketing department invented the words "immunitas" and "regularis" and used them because "these names sound scientific."