A federal judge in New York last week dismissed a class-action lawsuit against Dannon claiming that Activia does not meet the standard of identity for yogurt because it includes milk protein concentrate. Plaintiff Kristie Conroy argued the FDA does not include MPC on its list of permitted additives, but the judge ruled the FDA allowed the inclusion of MPC in yogurt in a memorandum issued in 2004. General Mills and Cabot Creamery also had similar lawsuits against them dismissed last year.

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