Eleventh Circuit affirms class certification in General Mills false advertising class action lawsuit

Posted on: April 27th, 2011 by Steve Larson

The U.S. Court of Appeals for the 11th Circuit affirmed that a class action lawsuit against General Mills pending in the United States District Court for the Southern District of Florida (entitled Fitzpatrick v. General Mills, Inc.) may proceed as a class action.  The complaint alleged that General Mills engaged in false advertising regarding the YoPlus digestive health yogurt manufactured and sold by General Mills and Yoplait USA.  The complaint alleged that General Mills had no scientific support for its claim that YoPlus yogurt provided digestive health benefits because it contained probiotic bacteria and fiber.