WASHINGTON, April 17, 2025 -- Nonprofits GMO/Toxin Free USA and Organic Consumers Association filed a lawsuit against Perfect Day, Inc., alleging material omissions and deceptive marketing of its genetically engineered synthetic "dairy" product, ProFerm.
The product, ProFerm, is a bioengineered "whey protein" used by brands such as Bored Cow Animal-Free Dairy Milk and Myprotein Whey Forward Animal Free Protein. ProFerm is made using synthetic biology (synbio) genetic engineering. The industry describes the process as "precision fermentation."
Perfect Day and brand partners market ProFerm as safe, sustainable, identical to cow-derived whey protein, capable of creating milk identical to cow's milk including its nutritional profile, and free from GMOs.
Health Research Institute (HRI), an accredited, public-interest laboratory, analyzed ProFerm and a related product, along with certified-biodynamic and certified-organic whole cow's milk.
HRI's findings illustrate that representing ProFerm as the same as cow's whey or capable of creating milk "identical to traditional milk" is false and misleading because:
- ProFerm is only 13.4% cow's whey protein.
- 86.6% of ProFerm proteins are fungal proteins.
- ProFerm contained 93 fungal compounds not found in cow's whey.
- The fungal proteins and compounds are unknown to science, have never been part of the human diet, and are by-products of the GMOs used in the fermentation process.
- "Milk" produced with ProFerm contains a fraction of the nutritional value of cow's milk, missing 69 nutrients and containing no omega 3, fatty acids, or vitamins B2, B5, and E.
ProFerm and products made from it are not even remotely similar to cow's whey or milk.
By HRI's assessment, the novel compounds and proteins in ProFerm could be or become toxic, allergenic, disruptive to nutrition and biome function, and cause dysbiosis, making them potentially unsafe for human consumption.
"That a nutritionally devoid substance composed primarily of fungal proteins never before consumed by humans could be labeled cow's whey is deeply concerning. Allowing this aberration into our food supply and classifying it as GRAS (generally recognized as safe) highlights the urgent need to reevaluate our regulatory framework for food," said Diana Reeves, GTFU Executive Director.
The lawsuit, filed under the D.C. Consumer Protection Procedures Act, seeks to end Perfect Day's deceptive marketing. Plaintiffs are represented by Richman Law & Policy.
Read the complaint HERE.
GMO/Toxin Free USA is a 501(c)(3) nonprofit advocating for a clean, healthy food system and environment, non-toxic consumer products, and educating consumers about the hazards of GMOs, pesticides and other toxins. www.toxinfreeusa.org
Organic Consumers Association is a 501(c)(3) nonprofit addressing crucial issues around food safety, industrial agriculture, genetic engineering, children's health, corporate accountability, Fair Trade and environmental sustainability. www.organicconsumers.org
Press inquiries contact:
Luan Van Le, GMO/Toxin Free USA, 347.921.1466, info@gmofreeusa.org
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