a2 Milk Class Action Challenges ‘Easy to Digest’ Claims

In a class action lawsuit, a customer challenges claims made about the digestive advantages of drinking a2 Milk.

Plaintiff Boubacar Sarr argues that The a2 Milk Company makes digestive claims that they can’t back up, misleading customers about the actual advantages of their milk in an effort to boost sales.

According to the a2 Milk class action, the company sells a2 Milk in whole, 1%, 2%, and chocolate varieties, in a number of carton sizes, which they distribute nationwide at grocery stores and other retailers.

The plaintiff says that the front label bears the brand name “a2” and the phrases “Feel the Difference,” “Easier on Digestion,” and “Naturally Easy to Digest.”

The a2 Milk class action alleges that the other three sides of the milk’s container expand upon the claims made on the front of the label.

The container reportedly advertises that while most cows’ milk contains two types of protein — A1 and A2, the a2 Milk contains only A2 proteins.

The packaging claims that many people have trouble digesting the A1 protein but not the A2 protein, so milk that only contains A2 protein is easier to digest, the plaintiff alleges.

The a2 milk class action lawsuit goes on to explain that cows’ milk is made up of two milk proteins — whey and casein. Allegedly, there are 12 types of casein proteins, and the most common of those 12 are called A1 and A2.

The a2 milk class action lawsuit further states that the company claims that a2 is easier to digest because when an A1 protein is broken down during digestion, a peptide (protein fragment) called beta-casomorphin-7 (BCM-7) is created.

The company represents that the BCM-7 peptide causes digestive issues commonly associated with dairy products, according to Sarr.

Allegedly, the company then advertises that the breakdown of A2 proteins do not result in the production of BCM-7, and is therefore easier to digest, and asserts that milk only containing A2 proteins is easier to digest than milk containing both A1 and A2 proteins.

According to the a2 Milk class action, the company asserts that originally, cows’ milk only contained A2 proteins in the casein, and then over time, cows started to naturally produce the A1 casein protein, and states that “more and more research suggests this may be the reason some people say milk just doesn’t agree with them.”

Sarr argues that “it is deceptive and misleading to tout the relative superiority of [a2 milk] based on the absence of BCM-7, when there is no criteria for establishing potentially negative values of this substance.”

The a2 Milk Company asserts that there are more a2 proteins in their milk than in traditional milk, but Sarr says that this claim is misleading to consumers because “no quantification is provided with respect to that actual amount of A2 contained in standard milk products,” so customers have no way of knowing how much A2 protein is contained in traditional versus a2 Milk.

Sarr goes on to claim that there are no criteria for establishing potentially negative values of BCM-7, so the company’s assertion that the elimination of this peptide will help digestion of milk is a misrepresentation.

The a2 Milk class action notes that the company bases their assertion that A2 proteins are superior based on independent research, when “in fact, the research, relied upon has been shown to be performed by groups, organizations and researchers with close ties to the [a2 Milk Company].”

The a2 Milk misrepresentation class action lawsuit further states that both a2 Milk and ordinary milk contain lactose, and the lactose is the element that has been shown to cause digestive difficulty.

The a2 Milk class action lawsuit argues that lactose is not impacted by whether the proteins are A1 or A2, so the elimination of A1 proteins may not make milk easier to digest.

Sarr is represented by Spencer Sheehan of Sheehan & Associates PC.

The a2 Milk Class Action Lawsuit is Boubacar Sarr v. The a2 Milk Company, Case No. 1:19-cv-01265, in the U.S. District Court for the Eastern District of New York.