Trial Date Set for Align Probiotic Class Action Lawsuit

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A class action lawsuit regarding the advertising of Procter & Gamble’s Align probiotic supplement has been certified and a trial date has been set for Oct. 16, 2017.

If you purchased Align in California, Illinois, North Carolina, Florida or New Hampshire at any time between Mar. 1, 2009 and June 6, 2016, your rights may be affected by this lawsuit.

The Align probiotic supplement class action lawsuit accuses Procter & Gamble of false advertising because the company allegedly claims Align provides digestive health benefits that it does not provide.

Plaintiffs Dino Rikos, Tracey Burns and Leo Jarzembrowski take issue with P&G’s claims that the Align supplement “is different because only Align contains Bifantis, a patented probiotic strain” that “brings peace to your digestive system” and provides a “restored natural balance to your digestive system.”

According to the Align supplement class action lawsuit, Procter & Gamble uses the following trademarked phrase to market the Align probiotic supplement: “GREAT DIGESTION THROUGH SCIENCE.”

Burns says she purchased Align after viewing print and television advertising for Align and after she read the label. According to the class action lawsuit, she used Align from about May through December 2011 and paid approximately $42 for the 42-count size of Align.

Jarzembrowski claims he purchased Align continuously from about February 2011 until late summer of the same year. He claims he paid about $30 for a 30-day supply of Align. Rikos also allegedly relied on the advertising and labeling of Align and continuously purchased Align for close to a year.

The plaintiffs say that the health claims about the Align supplement have not been backed up with scientific studies and that P&G has no legitimate basis to make the claims. Their probiotic class action lawsuit asserts that the Align supplement is “nothing more than a sugared capsule filled with naturally occurring bacteria.”

The Align probiotic class action lawsuit was initially certified in June 2014. P&G filed an appeal, arguing that the district court abused its discretion when it granted the plaintiffs’ motion for Class certification.

The U.S. 6th Circuit Court of Appeals reviewed the case and found that the lower court did not abuse its discretion. On Aug. 20, 2015, the 6th Circuit affirmed the district court’s order certifying the Align class action lawsuit.

There is currently no money available to Class Members and there is no guarantee that there will be any money available in the future. Procter & Gamble denies the allegations in the Align class action lawsuit and maintains that the health claims about the Align probiotic supplement are true and supported by scientific evidence.

Class Members who wish to exclude themselves from the Align probiotic supplement lawsuit must submit their request no later than Aug. 5, 2016.

To learn more about the Align probiotic supplement class action lawsuit, visit www.AlignProbioticLawsuit.com.

Top Class Actions has been covering the Align probiotic class action lawsuit since it was originally filed in 2011.

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The Class is represented by Timothy G. Blood of Blood Hurst & O’Reardon LLP.

The Align Probiotic Supplement Class Action Lawsuit is Rikos v. The Procter & Gamble Company, Case No. 1:11-cv-00226-TSB, in the U.S. District Court for the Southern District of Ohio.

UPDATE: On Sept. 29, 2017, Procter & Gamble reportedly agreed to pay $30 million to settle a class action lawsuit accusing it of falsely advertising its Align probiotic supplement as being beneficial for digestive health without any clinical proof to support its claims.

UPDATE 2: On Jan. 15, 2018, the Align probiotic clinically proven class action settlement is now open. Click here to file a claim. 

UPDATE 3: On Jan. 22, 2019, Top Class Actions viewers started receiving checks in the mail worth as much as $49.26 from the Align class action settlement. Congratulations to everyone who filed a claim and got PAID!