Overview
In an opinion today, Judge Briccetti dismissed a class action alleging that Dannon’s Activia yogurt is not actually yogurt. Activia contains milk protein concentrate, and the plaintiffs alleged that, under FDA regulations, products containing milk protein concentrate cannot be labeled yogurt. Judge Briccetti disagreed because, although there is a somewhat confusing regulatory history concerning permissible yogurt additives, the FDA has interpreted its own rules to allow milk protein concentrate, and the FDA is entitled to deference. Our prior post on the case is here.
