Last year we wrote that Dannon Co.was being sued for claiming that some of its yogurts provide a healthbenefit that other yogurts do not. A class action suit filed inCalifornia’s Los Angeles federal court accused Dannon of falselyadvertising its Activia, Activia Lite, and DanActive products andclaimed Dannon initiated a massive false advertising campaign toconvince consumers to pay more for yogurt containing probiotic bacteria.

Now, reports the LA Times, Dannon just settled the false-advertising lawsuit.The yogurt giant also agreed to create a $35-million fund meant toreimburse those consumers who bought Dannon’s Activia and DanActiveyogurts. Dannon denied the claims and did not admit to any wrongdoing,said the LA Times, but stated that it settled because it wished “toavoid the distraction and expense of litigation,” quoting spokesmanMichael Neuwirth.

Probiotic is a term that means “for life.” The human intestinaltract is filled with a huge amount of helpful, probiotic bacteria,which is a good thing since the human body is designed to havesymbiotic relationships with probiotic bacteria that assist indigestion and destroy harmful microorganisms. Science indicates that asthe body ages, the intestinal tract becomes more rigid at onlyaccepting intestinal flora it recognizes; it is difficult for the bodyto recognize or tolerate new good bacteria. Also, good bacteriadecrease; therefore, it is important to supplement with probiotics,initiating this process early on in life.

Anecdotal evidence suggests friendly bacteria help a variety ofdigestive problems; however, in the United States, no health claims forprobiotics have been approved. The United Nation’s Food and AgricultureOrganization defines probiotics as live microorganisms … which confer abeneficial health effect on the host. In other words, for bacteria tobe considered a probiotic, it must be beneficial to humans. As aresult, if food manufacturers label a food as containing probiotics,the benefits must be proven by research.

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Ken Yood represents healthcare providers and healthcare companies, including specialty and general acute hospitals (including local district, nonprofit and for-profit facilities), home health agencies, pharmaceutical vendors, nursing facilities, and health information and management providers. Yood has expertise in Medicare and Medicaid reimbursement and certification, state licensing, and federal regulatory compliance.  He also counsels clients on physician referral law limitations, state and federal fraud and abuse issues, and state and federal false claims and program fraud matters.  Additionally, Yood helps clients operate and establish healthcare compliance programs, as well as internal and external investigations of healthcare facilities.

"Ken is an impressive healthcare attorney with an excellent reputation in the industry, who brings significant knowledge and expertise to the firm.  Ken's experience in healthcare regulatory and reimbursement matters dovetails well with our interdisciplinary healthcare practice.  Additionally, his transactional expertise will be of value to our private equity clients, as investment interest in this area heats up," said Guy Halgren, chairman of the firm.

Commented Yood, "With a growing healthcare group, a well-established position in California and a very strong healthcare labor practice, Sheppard Mullin is a perfect platform for my practice and clients. The firm has an entrepreneurial and collegial culture, which I value highly.  I look forward to working closely with partner Eric Klein in Century City, whole ads the firm's Healthcare team."

Yood received a J.D. from University of New York at Buffalo School of Law in 1989, a M.A. in Public Health from Harvard University in 1990 and a B.A. from Haverford College in 1986.  He has been recognized as a leading healthcare lawyer in Chambers USA: America's Leading lawyers for Business since 2005.

Also today, Louis Lehot joined Sheppard Mullin's Corporate practice group as a partner in the Silicon Valley office from Simpson Thacher & Bartlett in Palo Alto.  Earlier this year, Brian Weimer joined the Sheppard Mullin's Washington, D.C. office and Todd Bissett joined the firm's Shanghai office as partners in the Corporate practice group.  Weimer joined from Latham & Watkins in Washington, D.C. and Bissett joined from O'Melveny & Myers in Beijing.

Sheppard Mullin has 200 attorneys based in its Los Angeles offices (Downtown and Century City).  The firm's Corporate practice group includes more than 100 attorneys firm wide and the Healthcare team includes more than 20 attorneys.