Ganeden Probiotic Class Action Lawsuit

By Sarah Mirando | July 1, 2011

Category: Legal News

By Mike Holter

Bogus health claims about the benefits of probiotics are the subject of yet another class action lawsuit, this time relating to the marketing of Schiff Nutrition International and Ganeden Biotech’s over-the-counter “digestive care” product lines Sustenex Probiotic, Digestive Advantage and EnLiven Yogurt.

A federal class action lawsuit claims Schiff Nutrition and Ganeden are pushing their probiotic diet supplements with bogus claims about “clinical proof” that a helpful bacteria contained in the products improves digestion and strengthens the immune system. These products include:

Sustenex Probiotic Capsules

Sustenex Probiotic Gummies

Sustenex Probiotic Chews

Digestive Advantage – Gas Defense Formula

Digestive Advantage – Intensive Bowel Support

Digestive Advantage – Lactose Defense Formula

Digestive Advantage – Daily Constipation Formula

EnLiven Yogurt with ProBiotics

Schiff acquired Ganeden in June 2011.

“Through its marketing campaign and package labeling, Ganeden claims its products, which contain a proprietary ‘helpful’ bacteria known as GanedenBC30 (also referred to as ‘BC30’), improve and benefit the digestive and immune health of individuals who regularly consume them,” the class action lawsuit states.

These alleged benefits include boosting the immune system, promoting digestive health, maintaining the critical balance between “good” and “bad” bacteria, protecting against digestive system upsets, and guarding against occasional gas and bloating.

“Although Ganeden provides several studies and abstracts that describe experiments relating to GanedenBC30, none of the studies cited demonstrate data that substantiate Ganeden’s claims and fall well short of the so-called ‘clinical proof’ described on its packaging. Accordingly, Ganeden’s representations are false, misleading and reasonably likely to deceive the public.”

Probiotics are nothing new to class action lawsuits. Lately we’ve been hearing a lot about class action lawsuits involving the allegedly bogus health claims related to the benefits of probiotics in such products as Phillips Colon Health Probiotic Supplement and YoPlus Probiotic Yogurt.

The Ganeden probiotic class action lawsuit is brought on behalf of anyone in the United States who purchased Sustenex Probiotic products, Digestive Advantage and EnLiven Yogurt or Ganeden and Schiff products containing GanedenBC30. It is seeking restitution, damages and an order forcing Ganeden to create a corrective advertising campaign to inform the public concerning the true nature of its products.

A copy of the Schiff and Ganeden Sustenex Probiotic, Digestive Advantage and EnLiven Yogurt GanedenBC30 Class Action Lawsuit can be read here.

The case is David Burton, et al. v. Ganeden Biotech, LLC and Schiff Nutrition International, Inc., Case No. 11-cv-1423 DMS NLS, United States District Court, Southern District of California.