Fonterra says patent linking to autism is being allowed to lapse

Most New Zealand milk contains a mix of A1 and A2 proteins.

Fonterra's director of corporate research and development, Chris Mallett, said today the company had allowed the patent to lapse, even though it was made publicly available only in March.

He said the patent had been taken out, largely based on epidemiological studies, as a commercial precaution in case further research revealed a useful discovery.

In the early stages of work related to the research, a memo on it, written in October 2000, by dairy research scientist Jeremy Hill, "was given to a major shareholder of A2 Corp by a senior executive of the New Zealand Dairy Board," Dr Mallett said.

A2 Corp is a biotechnology company which has said it shortly hopes to launch a brand of milk in New Zealand without A1 proteins.

Much of that memo was today published in the National Business Review newspaper, under a headline saying: "Secret memo reveals Fonterra alarm".

But Dr Mallet said Dr Hill had warned in the memo: "If the media (or A2 Corporation) were ever able to assemble the information shown in this paper, they could put an alarmist spin on the whole area of milk consumption, or alternatively leap to conclusions about A1 versus A2 effects, before a case is proven either way."

Today he said the application of the patent had been overtaken by subsequent research.

"There is no scientific evidence, currently available to Fonterra, published or otherwise, which indicates that A1 milk causes any of the negative health effects claimed by A2 Corporation," he said.

The patent application, published by the World Intellectual Property Organisation on March 14, was for technology to select beta-casein forms of milk for use in foods for individuals genetically susceptible to neurological or mental disorders such as autism.

The patent application said there was strong analytical and epidemiological evidence to support a relationship between the consumption of beta casein variants and neurological and mental disorders.

This was most likely due to the release of the bioactive peptide beta casomorphin 7 (BCM-7) and similar peptides during digestion, according to the application.

But some forms of milk proteins did not trigger the release of BCM-7, it said.

"The consumption of this type of milk will therefore not cause behaviour changes in susceptible individuals."

The patent was to cover the selection and supply of milk or milk products that did not trigger autism, to susceptible consumers.

The publication of the patent application was publicised today by A2 Corporation, following its unsuccessful efforts recently to persuade Fonterra that it was missing out on a huge marketing opportunity by not adopting milk containing the A2 protein -- for which A2 Corp already controls some intellectual property.

But Dr Mallett said subsequent research had reinforced Fonterra's view that science did not back A2 Corp's claims.

"In the absence of supporting scientific evidence and given the many proven health benefits of dairy products these claims about milk are irresponsible," he said.

If Fonterra had become aware in any of the follow-up research of any scientifically-proven health issues, it would have immediately alerted consumers, Dr Mallett told NZPA.

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