Perfect Day, a biotech pioneer producing whey proteins via precision fermentation, is facing a lawsuit from Organic Consumers Association and Toxin Free USA. The lawsuit alleges deceptive marketing of its ProFerm whey protein, produced using a genetically engineered strain of Trichoderma reesei. While the FDA affirmed its GRAS (Generally Recognized as Safe) status in 2020, plaintiffs argue that Perfect Day misrepresents its product as safe, non-GMO, and identical to cow-derived whey.
Tests by The Health Research Institute (HRI) reportedly found fungal proteins making up 86.6% of the product, far exceeding Perfect Day’s stated 6.7%. These residual fungal proteins and fermentation byproducts, largely unstudied in human diets, raise concerns about allergenicity, toxicity, and microbiome effects.
Plaintiffs contest the company’s “non-GMO” labeling, as it uses genetically modified microbes in production—even though U.S. law exempts labeling if no genetic material remains in the final product. The lawsuit seeks declaratory relief and marketing restrictions but not monetary damages.
Industry experts note this as the first legal case against precision-fermented animal-free proteins, highlighting growing regulatory and consumer scrutiny as biotech foods enter mainstream markets. Perfect Day, which recently pivoted to a B2B model and is establishing a plant in India, continues to assert product safety and regulatory compliance.
Industry Insight:
This case signals rising tension between alt-dairy innovators and organic/anti-GMO advocacy groups. For dairy entrepreneurs and investors, it underscores the critical need for transparent claims, validated safety data, and proactive engagement with evolving consumer and regulatory expectations.
Source : Dairynews7x7 April 21st 2025 AFN