Legal Battle Over Perfect Day’s Animal-Free Dairy Claims

Perfect Day, a company pioneering animal-free dairy products, is currently contesting a lawsuit that alleges it misleads consumers regarding its offerings. The case is being heard in the District of Columbia, where the plaintiffs aim to hold the company accountable for its marketing practices.

Details of the Lawsuit

The lawsuit, filed by the Organic Consumers Association and Toxin Free USA, centers around ProFerm, a whey protein derived from a genetically engineered strain of the fungus Trichoderma reesei. The complaint highlights that tests conducted by The Health Research Institute reportedly show a significant amount of residual fungal protein within ProFerm.

While Perfect Day’s GRAS notification claims that ProFerm consists of up to 6.7% fungal protein, the plaintiffs assert that as much as “86.6% of the product consists of fungal proteins.” This assertion is met with skepticism by some industry experts, who argue that such a high percentage would lead to noticeable sensory differences in the product.

Claims Against Marketing Practices

The plaintiffs argue that Perfect Day markets ProFerm as safe, environmentally friendly, and nutritionally identical to cow-derived whey protein. However, they contend that the reality of the product’s content is starkly different from its advertising claims.

Interestingly, the plaintiffs are not seeking damages or mounting a class action; instead, they are asking for a declaratory judgment and an injunction against what they describe as deceptive marketing practices, alleging a violation of the D.C. Consumer Protection Procedures Act (CPPA).

Perfect Day’s Response

In response, Perfect Day has filed a motion to dismiss the lawsuit, arguing that the plaintiffs have not demonstrated sufficient grounds for the case, including a lack of personal jurisdiction. The company claims that no customers in D.C. have been shown to be harmed by their practices.

Additionally, Perfect Day points out that many of the competitor products referenced in the suit are either unavailable in D.C. or do not fall under FDA jurisdiction. The company also highlights the lack of success by the plaintiffs in securing injunctions or judgments in previous similar lawsuits.

Industry Implications

Experts believe this case reflects a broader tension in the food industry, particularly as innovative companies like Perfect Day push against traditional boundaries. Rebecca Cross, a partner at Greenfare Law, notes that this lawsuit acts as a test point for the credibility of precision-fermented proteins and their acceptance among consumers.

“This lawsuit reads more like a challenge to the category itself than a direct response to consumer deception,” she states. “However, it underscores the delicate balance companies must maintain when introducing alternative ingredients.”

Further Reading

Guest article: The Perfect Day lawsuit… an ingredient naming case in disguise.

Perfect Day hit with lawsuit from organic, anti-GMO groups over animal-free dairy claims.