A2 Milk versus Lion, page-103

This is it in a nutshell.

According to the article in the age

"A2 Milk has accused Lion Group, which is owned by Japanese brewing giant Kirin Corporation, of engaging in misleading and deceptive conduct by putting a label on its PURA and Dairy Farmers brands that states "Contains A2 protein"

So the relevant bit in the ACCC is whether they intended to mislead or deceive. Pura milk has always contained A2 protein. This however has never been highlighted in their advertising in the past. It, of course, is only being down because A2 Milk is gaining market share and people want to get the health benefits of drinking it. Pura know that any health claims A2 Milk make are all due to the absence of A1 in their milk. Pura know this but they also know that many consumers don't. They are attempting to take advantage of the consumers ignorance by attempting to mislead them into thinking they can get the perceived benefits of drinking A2 milk by drinking Pura. Why else would they be doing it now?

The question is not whether they are factually correct on the label. Of course they are. The question is whether it is misleading or like to mislead. Not even whether they intended to mislead.

It would appear A2 are on pretty sound legal footing here. If they can't win this I would change legal teams!!

The case will also highlight that the only cows milk you can drink to gain the benefits of A2 is one that is 100% A2 and 0% A1 so it is a good strategic move to by A2 Milk Co to bring the case to court.