The A2 Milk Company is the defendant in a proposed class action lawsuit that claims it misleadingly advertises its products as able to ease digestion for those who experience discomfort from drinking milk.
According to the lawsuit out of New York’s Eastern District, the defendant claims on its product labels that the “difference” for drinkers prone to milk-related digestive discomfort stems from cows that “naturally produce only A2 protein and no A1,” leaning on “independent research” that allegedly shows the A1 protein is responsible for stomach woes. Essentially, the suit states, ordinary milk contains a combination of A1 and A2 proteins, while the defendant’s milk supposedly exclusively contains A2 protein.
The lawsuit alleges, however, that it is “deceptive and misleading” on the defendant’s part to tout the apparent superiority of its milk products based on the absence of the protein believed to be linked to digestion troubles. As the case tells it, “there are no criteria for establishing potentially negative values of this substance.” From the complaint:
“The Products’ representations of their A2 content are misleading as to their nutrient content because there are no negative effects of A1 protein in ‘ordinary milk.’
The representations that the Products contain more A2 than ordinary milk are misleading because no quantification is provided with respect to the actual amount of A2 contained in standard milk products.
To the extent that the images of the A1/A2 and A2 cows indicate the quantity of A2 contained in ordinary milk, this information is imprecise because a consumer has no way of knowing how much A2 is contained in the A1/A2 ‘ordinary milk.’”
Further still, the lawsuit alleges the “independent research” on which the defendant’s A2 protein claims rest was “performed by groups, organizations and researchers with close ties” to the A2 Milk Company. All told, the case decries the defendant’s “easier to digest” claims as misleading in their comparison to the digestibility of regular milk.
“All reasonable scientists agree there are no detrimental effects of A1 protein from traditional milk on human digestion and that A2 protein does not provide ‘easier’ digestion, quantified by gastrointestinal transit time in clinical studies of relevant population groups,” the lawsuit states.