Anne Bucher  |  October 4, 2017

Category: Consumer News

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

false advertising of align probioticsProcter & Gamble Co. has 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.

The Align probiotic class action lawsuit was initially filed by plaintiff Dino Rikos in California superior court in October 2011. P&G subsequently had the Align class action lawsuit transferred to Ohio. The litigation was hotly contested by P&G, and the company succeeded in having some claims dismissed from the Align class action lawsuit in 2013.

After a judge granted Class certification in June 2014, P&G filed an appeal, claiming the court abused its discretion by certifying the Class. In August 2015, the 6th U.S. Circuit Court of Appeals affirmed the lower court’s decision and upheld Class certification for the Align class action lawsuit. P&G appealed the decision to the U.S. Supreme Court but the petition was denied.

A trial was scheduled to begin on Oct. 16, 2017. However, P&G decided to settle the Align class action lawsuit to avoid the burden, uncertainty and expense of trial.

Class Members of the proposed P&G Align probiotic settlement include anyone in the United States and its territories who purchased Align between March 2009 and June 2016.

Under the terms of the Align probiotic class action settlement, eligible Class Members may receive a cash refund of up to $49.26 for three purchases of Align.

The refund amount depends on the date of purchase. Consumers who purchased Align between March 1, 2009 and Oct. 31, 2009 are eligible for a refund of up to $31.76 for two purchases of Align, and consumers who purchased Align between Nov. 1, 2009 and June 6, 2016 may claim a refund of $17.50 for one purchase of Align.

According to the Align class action settlement documents, no proof of purchase is required to make a claim.

In addition to providing cash payments to eligible Class Members, P&G will also discontinue the use of “clinically proven” in relation to digestive relief claims unless new supporting clinical data or analysis become available that support the symptom relief claims or the company makes a change in the product formula.

P&G will also provide up to $10 million in benefits to support research and educational institutions working to improve digestive health.

The plaintiffs filed their motion seeking preliminary approval of the Align probiotic class action settlement on Sept. 29, 2017.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

The plaintiffs are represented by Blood Hurst & O’Reardon LLP, Futscher Law PLLC, Nicholas & Tomasevic LLP, Morgan & Morgan PA, O’Brien Law Firm PC, Samuel Issacharoff of New York University and Bonnett Fairbourn Friedman & Balint PC.

The Align Probiotic False Advertising Class Action Lawsuit is Dino Rikos, et al. v. Procter & Gamble Co., Case No. 1:11-cv-00226, in the U.S. District Court for the Southern District of Ohio.

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

UPDATE 2: 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!

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.


182 thoughts onP&G Settles Align Probiotic False Advertising Class Action for $30M

  1. susan king says:

    Im so sad I took thia for years thinking it was helping $30 a month! A week of Vsl3 showed me the difference! I truly want all my money back!

  2. Donna M Watson says:

    January 24, 2019
    I received my P&G Align settlement check in the mail on Tuesday, January 22nd, 2019. Thank you TCA. A happy new year indeed!

  3. Kenneth Lapka says:

    I received my P&G Align settlement check in the mail on Tuesday, January 22nd, 2019. Thank you TCA. A happy new year indeed!

  4. K. Lapka says:

    Thank you TCA. I received my P&G Align settlement check on Tuesday, January 22nd, 2019. Happy new year indeed.

  5. Tina says:

    I received a check today

  6. Kota says:

    Informed delivery told me I was receiving today but it never showed up :U

1 15 16 17

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.