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Perfect Day,<\/a> a startup pioneering the production of whey proteins via precision fermentation<\/a>, has been hit with a lawsuit alleging it is misleading consumers about its animal-free dairy products.<\/p>\n The complaint focuses on beta-lactoglobulin, a whey protein (brand name \u2018ProFerm\u2019) that Perfect Day produces from a genetically engineered strain of the filamentous fungus Trichoderma reesei. <\/em>The ingredient is the subject of an FDA no questions letter<\/a> issued in 2020 affirming its GRAS (Generally Recognized as Safe) status.<\/p>\n In a complaint<\/a> filed in the District of Columbia, plaintiffs the Organic Consumers Association<\/a> and Toxin Free USA<\/a> argue that \u201cPerfect Day markets ProFerm as safe, environmentally friendly, identical to cow-derived whey protein, capable of creating milk identical to cow\u2019s milk\u2014including its nutritional profile\u2014and free from genetically modified organisms. The reality is markedly different.\u201d<\/p>\n According to the plaintiffs, tests conducted by The Health Research Institute<\/a> (HRI) show that ProFerm contains a significant amount of residual fungal protein from the genetically engineered host microbe.<\/p>\n While Perfect Day\u2019s GRAS notification<\/a> claims that tests by the Food Allergy and Resource Program (FARRP)<\/a> at the University of Nebraska-Lincoln indicate that ProFerm contains up to 6.7% fungal protein, the plaintiffs allege the figure is far higher.<\/p>\n \u201cAdvanced testing reveals that 86.6% of the product consists of fungal proteins,\u201d a figure that some industry sources says seems unlikely given that such a high fungal protein content would have an obvious sensory impact.<\/p>\n Similarly, the wording of the lawsuit is confusing, as one section says \u201ctesting reveals that 86.6% of the product<\/em> consists of fungal proteins\u201d whereas another section says \u201c86.6% of the proteins<\/em> in ProFerm are fungal proteins\u201d which could mean the fungal proteins\u2019 percentage of the overall product is much lower than 86.6%.<\/span><\/p>\n \u201cAnother group of waste byproducts in ProFerm consists of fungal compounds\u2026 which are likely byproducts and metabolites produced by the GMO during fermentation,\u201d adds the complaint.<\/p>\n Most of these fungal proteins and compounds \u201care not known in scientific literature and have never before been studied as part of the human diet,\u201d claim the plaintiffs. \u201cTheir toxicity, allergenicity, effect on nutrition and microbiome function, and safety for human consumption are unknown.\u201d<\/p>\n HRI\u2019s analysis also highlights nutritional differences between cow\u2019s milk and \u2018animal-free milks\u2019 on the market containing ProFerm, although the brands referenced in the lawsuit do not claim to have an identical composition to cow\u2019s milk. Strive Freemilk<\/a>, for example, spells out on the front of pack how it differs<\/em> nutritionally from regular cow\u2019s milk (more protein, less sugar).<\/p>\n Finally, the plaintiffs take issue with Perfect Day\u2019s characterization of ProFerm as non-GMO as it is \u201cthe product of a GMO,\u201d although US food labeling laws<\/a> do not require products that contain no detectable GM material to be labeled as bioengineered, something Perfect Day notes on its website: \u201cGenetic engineering is part of our process, but there\u2019s no detectable genetic material present in our protein.\u201d<\/p>\n Perfect Day\u00a0did not respond to a request for comment from AgFunderNews, <\/em>but has repeatedly explained that<\/a> its host microbe is \u201ccompletely filtered out\u201d of the final beta lactoglobulin product, telling Green Queen last year<\/a> that it questioned the \u201cmethods and materials\u201d used by HRI to test samples of Bored Cow (an \u2018animal-free\u2019 milk containing Perfect Day\u2019s protein).<\/p>\n AgFunderNews<\/i> has also asked HRI, the law firm filing the case, and the plaintiffs for clarity on the testing methodology and results.<\/p>\n In its GRAS notification<\/a> to the FDA, Perfect Day notes that FARRP determined that the beta lactoglobulin samples it tested did not contain \u201csufficient residual fungal proteins to present allergenicity concerns.\u201d<\/p>\n According to its GRAS notice, Perfect Day conducted a literature review and \u201cfound no reports that implicate T. reesei<\/em> with human, animal, or plant disease or allergenicity among healthy adults. Perfect Day supports its conclusion using published scientific literature, the long history of safe use of T. reesei<\/em> in industrial scale food enzyme production, and the results of bioinformatic analysis of T. reesei<\/em> proteins conducted by the FARRP.\u201d<\/p>\n Further, \u201cFDA\u2019s GRAS Notice Inventory<\/a> lists 17 notices involving production of both endogenous and exogenous enzymes using fermentation of genetically modified T. rees<\/em>ei that have received no questions letters from the FDA,\u201d added the startup.<\/p>\n The plaintiffs say they are not mounting a class action or seeking damages but seeking seeking declaratory relief and an injunction to \u201cstop the deceptive marketing of ProFerm,\u201d find Perfect Day \u201cin violation of the D.C. Consumer Protection Procedures Act,\u201d and to cover their legal costs.<\/p>\n Rebecca Cross, founding partner at law firm Greenfare Law<\/a>, told AgFunderNews<\/em>: \u201cThis is the first lawsuit I\u2019ve seen targeting a precision-fermented animal-free protein, but it\u2019s not surprising. \u00a0Any time a company challenges conventional food categories, it faces resistance from food groups tied to more traditional narratives.\u201d<\/p>\n She added: \u201cMany of the claims in this suit seem disingenuous or selectively framed. \u00a0For example, Perfect Day explains on its website that genetic engineering is part of its process. \u00a0And the FDA requires companies using these proteins to disclose that they contain milk proteins because they\u2019re allergenic.<\/p>\n \u201cI was really disappointed to see Kim Richman\u2019s firm file this lawsuit. \u00a0They position themselves as supporting animal welfare and going after a mission-driven company like Perfect Day, whose purpose is to reduce reliance on animal agriculture, does just the opposite.\u201d<\/p>\n Perfect Day\u2014a pioneer in the animal-free dairy space\u2014launched a series of consumer brands via its subsidiary The Urgent Company including Brave Robot Ice Cream, Modern Kitchen, and California Performance Co.<\/p>\n Over time, however, the business became\u00a0a costly distraction for Perfect Day, which was trying to forge partnerships with large CPG companies as part of a b2b strategy and did not want to devote resources to building its own consumer brands.<\/p>\n In 2023, these brands were sold to a newly-created company called Superlatus<\/a>, which AgFunderNews<\/em> has been unable to reach for comment.\u00a0 Tomorrow Farms<\/a>, owner of the Bored Cow animal-free milk brand (which features Perfect Day\u2019s protein) did not respond to a request for comment on the status of the brand.<\/p>\n Perfect Day\u00a0announced a partnership with Unilever early last year<\/a> to test a lactose-free frozen dairy dessert under the Breyers brand featuring Perfect Day\u2019s whey protein, and told us earlier this year<\/a> that it is \u201cin active discussions with a number of key partners who will serve as anchor customers for our new plant [in India].\u201d<\/p>\n A spokesperson added: \u201cWe have several LOIs for product offtake with existing and new customers.\u201d<\/p>\n<\/p><\/div>\n\n","protected":false},"excerpt":{"rendered":" Perfect Day, a startup pioneering the production of whey proteins via precision fermentation, has been hit with a lawsuit alleging it is misleading consumers about its animal-free dairy products. The complaint focuses on beta-lactoglobulin, a whey protein (brand name \u2018ProFerm\u2019) that Perfect Day produces from a genetically engineered strain of the filamentous fungus Trichoderma reesei. […]<\/p>\n","protected":false},"author":1,"featured_media":193139,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[12026],"tags":[48017,16707,467,1074,11424,13236,1277,70797],"dealstore":[],"offerexpiration":[],"class_list":["post-193138","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-agriculture","tag-animalfree","tag-dairy","tag-day","tag-fire","tag-hit","tag-lawsuit","tag-perfect","tag-precision-fermentation"],"yoast_head":"\nPlaintiffs: Fungal protein levels are higher than stated<\/strong><\/h4>\n
Perfect Day GRAS notice: T.reesei<\/em>\u00a0 has long history of safe use<\/strong><\/h4>\n
Attorney: \u2018This is the first lawsuit I\u2019ve seen vs precision fermented animal protein\u2019<\/strong><\/h4>\n
Perfect Day in \u2018active discussions with a number of key partners\u2019<\/strong><\/h4>\n