a2 Milk Company sues the ABC over The Checkout segment

THE a2 Milk Company has launched legal action against the ABC over a segment of The Checkout which described a2’s health claims as “bullshit”.

THE a2 Milk Company has launched legal action against the ABC over a segment on The Checkout which described a2’s health claims as “bogus”.

In documents filed with the Federal Court this week, The a2 Milk Company claims the ABC published misleading and deceptive statements in advertisements for the program which went to air on April 30.

It also alleges the program itself breached ABC’s Code of Conduct as it contained a number of inaccuracies, misrepresentations and omissions.

The a2 Milk Company produces A2 milk, which contains only the A2 beta-casein milk protein as opposed to regular milk which contains both A1 and A2.

In the show, advertised as uncovering the “latest bogus developments in milk science”, The Checkout reporter Kirsten Drysdale described claims made in the ‘Thankyou a2’ advertising campaign as “bullshit”.

The action, which is being prepared by Allan Myers QC and barrister Chris Young, was launched after the ABC rejected a request to remove the ads from its website and social media.

While the ABC would normally fall outside of the Competition and Consumer Act’s misleading and deceptive conduct provisions, The a2 Milk Company will argue that advertising for the program constitutes “engaging in commerce”.

a2 Milk Company CEO Peter Nathan told news.com.au the company had provided comprehensive responses which the program “totally failed to mention”.

“Other ABC programs in the past including 7:30 and Four Corners have done pieces on A2 milk, and they presented the information in a balanced way,” he said.

“This one lacked any balance whatsoever. It was a total beat up. Based on the level of inaccuracy and the vitriol which was completely unwarranted and surprising, on that basis one questions what inspired the story in the first place.”

Mr Nathan said factual inaccuracies included the number of studies quoted by the ABC as comparing A1 and A2 milk, misattributing quotes, and incorrect pricing information.

In a statement, the ABC said: “Yesterday afternoon the ABC received notification of legal action by a2 Milk Company. We had previously responded to a letter from lawyers acting on their behalf. We strongly rejected the suggestion that the matters a2 has complained about involved misleading or deceptive conduct.”

The case commences on July 7.

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