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P&G Offers $30M Settlement to End Align Probiotic False Advertising Lawsuit

Proctor & Gamble has agreed to pay a $30 million class action settlement to resolve an Align Probiotic false advertising lawsuit.

The long-running class action lawsuit, filed in 2010, accuses the company of falsely advertising their popular probiotic supplement. Ultimately, consumers came together to file an Align Probiotic false advertising lawsuit alleging that the company put misleading and confusing information on the labelling of the popular product.

Consumers use labels to make decisions about products. When consumers make purchases driven by claims on the label and pay a premium for that product because of it, the discovery that the label is false advertising could lead to a lawsuit. False advertising laws in the United States are in place to both discourage false advertising in the first place as well as to hold companies accountable when they engage in these tactics and harm or mislead consumers.

In general, the terms “deceptive advertising” and “false advertising” refer to situations in which a manufacturer uses untrue, confusing, or misleading terms in advertising for the product or on the label. The primary purpose of the laws against this kind of behavior are to promote truth in labeling and to allow consumers to make informed decisions.

Allegations Lodged Against P&G in Align Probiotic False Advertising Lawsuit

According to the label of Align, it was “clinically proven” to encourage digestive health.

More than 7 years of litigation in the Align Probiotic false advertising lawsuit was followed up with months of negotiations through a mediator. The proposed class action settlement from Proctor & Gamble will include up to $15 million in cash refunds to those people who bought Align Probiotic and up to $10 million worth of other benefits.

Proctor & Gamble have additionally agreed in the Align Probiotic settlement not to use the terms “clinically proven” without any reliable, new, and clinical data to support changes in their formula.

Anyone who purchased Align in the United States or its territories between March 1, 2009 and June 6, 2016 will be eligible to participate in the Align Probiotic class action settlement and receive cash refunds of up to $49.26, including $31.76 for two purchases of Align. Purchases made after June 6, 2016 will be entitled to a one-time refund of $17.50.

Class representatives may be entitled to as much as $2500 individually.

The other benefits outlined, if the Align Probiotic false advertising lawsuit settlement is approved, will include research and education grants, product donations to educational institutions or research institutions working to improve digestive health, and intellectual property.

According to plaintiffs, this would benefit the class by enabling those people who need help regularly for their digestive health or those suffering from irritable bowel syndrome.

The Align Probiotic False Advertising Class Action Lawsuit is Rikos, et al. v. Procter & Gamble Co., Case No. 11-­cv-­00226, in the U.S. District Court for the Southern District of Ohio.

If you or someone you know has been affected by false advertising, you may be eligible to pursue a claim with the help of an experienced attorney. Contact the false advertising lawyers at Bradley/Grombacher for a free case evaluation by filling out the form on this page. 

Bradley/Grombacher did not represent the plaintiffs in this case. 


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