Lifeway Kefir Class Action Challenges ‘99% Lactose-Free’ Claim

Lifeway Foods Inc. has been hit with a class action lawsuit alleging it misrepresents its Low Fat Kefir products as “99% lactose-free” even though they allegedly contain nearly as much lactose as many 2% milk products sold in the dairy section of grocery stores.

“Lactose is the main sugar found in milk and other dairy products,” plaintiff Andrew Block states in the Lifeway kefir class action lawsuit. “Its absorption by the body occurs at the level of the small intestine and requires the presence of a sufficient quantity of intestinal lactase.”

Cow milk generally includes lactose in a range between four and five percent, according to the American Journal of Clinical Nutrition. Nearly 70 percent of the world’s population has some degree of lactose intolerance, the Lifeway kefir class action lawsuit alleges.

People who are lactose intolerant may experience adverse reactions to products that contain lactose. Such reactions may include abdominal bloating, cramps, flatulence, diarrhea, nausea and vomiting, according to the lactose-free kefir class action lawsuit.

Block says even people who are not lactose intolerant may benefit from avoiding products with lactose. The Lifeway kefir class action lawsuit claims that lactose-free diets may reduce exposure to added hormones and antibiotics, which have reportedly been linked to an increased risk of certain cancers.

According to Block, Lifeway’s “flagship” product line is kefir, a type of tangy cultured milk smoothie. Consumers pay a premium to purchase Lifeway kefir products than they would otherwise pay for regular milk products, the Lifeway kefir class action lawsuit alleges.

“In order to pump up sales of its ‘kefir’ products, and, in turn, the price of the company’s stock for its shareholders, Lifeway boasts on its website that its unique fermentation process and specific kefir cultures ‘ensure’ that all of its kefir, including Plain Kefir, is 99% lactose-free,” according to the Lifeway kefir class action lawsuit.

The Lifeway kefir label also includes the allegedly false claim that the product is “99% lactose-free,” Block asserts. However, a consumer watchdog group reportedly tested the lactose content of Lifeway’s Plain Kefir and determined that it is closer to four percent lactose, a percentage that is only slightly lower than the lactose content percentage found in regular milk, the Lifeway class action lawsuit alleges. A study at Ohio State University, which was reportedly funded by Lifeway, had similar results.

Block says he paid $2.99 for a 32-ounce bottle of Plain Kefir, relying upon Lifeway’s representations that the kefir product was “99% lactose-free.” He claims he would not have purchased the Lifeway Low Fat Kefir product if he had known it was not actually 99 percent lactose free.

By filing the Lifeway kefir class action lawsuit, Block seeks to represent himself as well as a Class of other consumers who purchased Lifeway Plain Kefir. He also seeks to represent a subclass of Illinois consumers, and a multi-state consumer fraud Class of consumers in California, Florida, Illinois, Massachusetts, Michigan, Missouri, New Hampshire, New Jersey, New York, Rhode Island and Wisconsin.

Block’s lactose-free kefir class action lawsuit asserts claims for violation of the above-listed states’ consumer fraud acts, violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, breach of express warranties, negligent representation and unjust enrichment.

Block is represented by Gary M. Klinger and Ryan F. Sullivan of Kozonis Law Ltd.

The Lifeway 99% Lactose-Free Kefir Class Action Lawsuit is Andrew Block v. Lifeway Foods Inc., Case No. 1:17-cv-01717, in the U.S. District Court for the Northern District of Illinois, Eastern Division.