Align Probiotic Digestive Care Class Action Lawsuit

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A class action lawsuit filed in Superior Court claims that Procter & Gamble pushes its over-the-counter “digestive care” drug Align with false claims about what its probiotic bacteria can do.

The Align class action lawsuit claims that Procter & Gamble cannot provide any proof to back up the claims they make for Align, specifically that it contains a “unique and patented probiotic bacteria called ‘Bifantis’” that is scientifically proven to improve digestion. According to the lawsuit, Align is “nothing more than a sugared capsule filled with naturally occurring bacteria” that it sells for $30 to $40.

“Procter & Gamble claims in it’s advertising, including the packaging for Align, that these health benefits result because ‘Only Align Contains Bifantis, a Unique, Patented Probiotic,’ that will ‘restore your natural balance and bring peace to your digestive system.’ Procter & Gamble has no support for these claims, even though it states that it does, going so far as to claim it has clinical proof. Procter & Gamble’s representations are false, misleading and reasonably likely to deceive the public,” the Align probiotic digestive care class action lawsuit states.

The Align class action lawsuit goes on to say that the only purported clinical trial that Procter & Gamble discusses on its website concerns the effects of Bifantis in treating symptoms of inflammatory bowel disease (IBS), rather than to the general population, to whom the advertisements target. Even then, the Procter & Gamble-funded study concludes that “no statistically significant differences between [placebo and Bifantis] groups were observed at any time-point” relating to daily IBS symptom assessments.

The class action lawsuit adds that two of the other primary studies relied upon by Procter & Gamble as scientific proof “fall short of substantiating the Align marketing claims. Both are heavily flawed.”

“There is almost no scientific support for the notion that healthy people, such as those targeted by Procter & Gamble, benefit from bacterial supplements, such as the bacteria at issue,” the Align class action lawsuit continues.

The Align false advertising lawsuit is seeking damages and a court order requiring Procter & Gamble to engage in a corrective advertising campaign.

A copy of the Procter & Gamble Align Probiotic False Advertising Class Action Lawsuit can be read here.

The case is Dino Rikos v. the Procter & Gamble Company, Case No. 37-2011-00099818-CU-BT-CTL, Superior Court of the State of California, County of San Diego.

UPDATE: On June 21, 2016, a class action lawsuit regarding the advertising ofProcter & Gamble’s Align probiotic supplement has been certified and a trial date has been set for Oct. 16, 2017.

UPDATE 2: 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 3: On Jan. 15, 2018, the Align probiotic clinically proven class action settlement is now open. Click here to file a claim. 

UPDATE 4: 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!