A2m vs Lion, page-63

The legislation reads as per below. The judge cannot make a judgement on the science. Not really his job moreover there are still ongoing research currently. What if in a year's time, there is conclusive proof on a2, he is going to look like an idiot. So Lion counter claim will not stand. the fact that Lion mentions A2 protein in big (bigger than their Dairy Farmer brand name) on their labels is clearly to tap into the A2 milk market.

Whether Lion believes in the science or not is not relevant. They are intentionally deceiving consumers into thinking that their milk is different to the home brands and this should not be allowed.


Misleading or deceptive conduct
It is illegal for a business to engage in conduct that misleads or deceives or is likely to mislead or deceive consumers or other businesses. This law applies even if you did not intend to mislead or deceive anyone or no one has suffered any loss or damage as a result of your conduct.

Related information: False or misleading claims
Legislation: Australian Consumer Law section 18(link is external)

Impressions
It is important to look at how the behaviour of the business affects the audience’s impression of a good or service. When deciding if conduct is misleading or deceptive, or likely to mislead or deceive, the most important question to ask is whether the overall impression created by your conduct is false or inaccurate.

While a business is not required to disclose information in all circumstances, there will be situations where a business must provide information to avoid engaging in misleading or deceptive conduct. You should disclose additional information to your customer or another business where it is likely that your other conduct has created a misleading impression, or where it is reasonable to expect that this information will be disclosed.