I'm not sure that the court case will have anything to do with proving claims around the health benefits of a2 or the claims around A1 beta casein protein being detrimental to health outcomes. This is really all about whether Lion has deliberately set out to use the a2 name to promote its own brand given the success of a2M's increasing market share and the awareness around potential health benefits of a2 only milk. Was the labeling of Lions milk a deliberate attempt to confuse the market into thinking that it was milk that only contained a2 protein? There is anecdotal evidence that many consumers were indeed misled by Lions Labeling if witnesses are called. The other issue is why would Lion choose to label their milk this way at this point now where there is gathering evidence and awareness around the potential health downsides of a1 protein that are being questioned?
The scientific facts around whether the health claims made by A2M are proven is irrelevant to this case and my bet is that the court will not go there.
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