In March 2019, a class-action lawsuit was filed against The A2 Milk Company for allegedly misleadingly marketing A2 Milk products. The complaint claims that the company:
- Misleadingly markets that A2 Milk products contain more A2 protein than ordinary milk, which contains both A1 and A2 proteins (as opposed to A2 Milk products, which only contain A2 protein), without also telling consumers how much A2 is in ordinary milk;
- Misleadingly represents that the A2 products are “easier to digest” than traditional milk when, according to plaintiffs, both types of milk contain lactose, which is what makes milk difficult to digest;
- Misleadingly represents that independent research shows that the A2 proteins prevent or limit digestive discomfort when, according to plaintiffs, the research was performed by groups closely tied to the company;
- Misleadingly markets that consumers who drink the A2 products do not experience negative effects from the A1 protein when, according to the complaint, there are no negative effects from the A1 protein; and
- Misleadingly markets that the A2 products are superior because the protein fragment BCM-7, which is created when the A1 protein is broken down, is absent when, according to the complaint, there is no criteria for establishing negative effects from this protein fragment.
Plaintiffs also claim that the studies supporting claims that A2 proteins provide nutritional, health, and functional advantages are “poorly designed, implausible, contrary to human physiology and represent the view of a minority of scientists.” (Sarr et al v. The A2 Milk Company, Case No. 19-cv-1265, E. D. NY.)
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