I am sure Dairy Farmers would argue there is nothing misleading in their statement that their new product line contains A2 Protein and that it also contains A1, and they'd be right. And I'm not sure they'd be under any obligation to say how much of each.
There could be an interesting argument over what is meant by their use of the term "original milk". This is clearly an attempt to undermine a2MC's claim - supported by scientific opinion - that A2 was THE original milk. But a court might well hold that DF's desccription of its products as "original milk" is just an example of generally accepted marketing hype - the use of grandiose and meaningless descriptive to promote products. Caveat emptor.
There could also be even more interesting arguments over whether the labelling violates a2MC's IP (trademark) rights, and over whether the general impression conveyed by the labelling and advertising is misleading. It certainly gives the impression you are buying a bottle of A2 protein, which you most certainly are not. A2 protein is a very small proportion of the contents, and the contents are not designed to satisfy the requirements of a consumer wanting A2 protein.
The debate that is likely to ensue may help to educate consumers as to the real issue here - the fact that drinking milk containing the A1 protein can be medically harmful. This is not something a2MC has chosen to highlight in its publicity up till now, but it may now be forced to. That doesn’t mean drinking A1 milk will automatically kill you, of course. But it is an additional medical risk, as if we don’t face enough already.
The debate may force the media to do a little research into the basics of the A1-A2 dispute, although I wouldn’t hold my breath on that. The media these days are inclined to just go running to some “authoritative” source like Dairy Australia which is actually an interested party, and publish their opinion as gospel. Mainstream Dairy still likes to trot out the findings of various completely outdated inquiries from the past that a2MC’s claims were not yet fully proved. Well some of the most important assertions by a2MC have now been well and truly proved, but Mainstream Dairy is not interested.
For example, the European Food Safety Authority found that it was not yet established that the medically dangerous peptide BCM7, which is produced by A1 milk in the human digestive system, can escape into the bloodstream and thence into the brain. Well, that has now been well and truly verified, hence the strong scientific belief now that A1 milk may trigger autism, which is in line with anecdotal observation by some medical practitioners in Australia.
Incidentally, any investor who really wants to understand the facts about A1 and A2 would be well advised to get hold of a copy of Professor Keith Woodford’s book “Devil in the Milk”. It’s vital information for an a2MC investor, and no one in the dairy industry or anywhere else has challenged its accuracy.
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