PET Food Processing - October 2020 - 57

for questionable lawsuits. According to the ILR, many
plaintiffs' firms target smaller food companies in order
to pressure them into settlement by merely threatening
suit, knowing they want to avoid the cost of litigation.
These settlement dollars are never passed along to the
millions of consumers they claim were defrauded or
injured. Ultimately it is the plaintiffs' attorney, not the
consumer, who benefits from these actions. Even when
these cases make it to court and get past the certification
stage, most of the money goes to pay plaintiffs' attorneys
fees, leaving the actual consumers in the class with nominal amounts of money or vouchers for free products. In
the end, the increased cost of doing business is passed
on to the consumer, as food prices rise because of the
rising legal costs.

The good news
The good news for food producers and manufacturers -
and ultimately consumers - is that, like food litigation
as a whole, courts in pet food lawsuits are now trending
toward a more "common sense" approach to cases and

LEADING PET
FOOD CLAIMS
Made in the USA
100% Natural
Grain Free
Source: Packaged Facts

42%
29%
27%
% of pet products

applying a "reasonable consumer" standard at an early
stage in the lawsuit. With respect to human food, in
Jessani v. Monini North America, Case No. 17-2904-CV,
2nd Cir. Ct. App. (12/3/2018), plaintiffs claimed that
Monini, manufacturer of white truffle olive oil, deceptively suggested its product contained real truffles, when
in fact it contained a synthetic truffle ingredient. The
court granted Monini's motion to dismiss the lawsuit, and
the Second Circuit Court of Appeals affirmed the dismissal, stating that "[i]t is simply not plausible that a significant portion of the general consuming public acting

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PET Food Processing - October 2020

Table of Contents for the Digital Edition of PET Food Processing - October 2020

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PET Food Processing - October 2020 - 1
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PET Food Processing - October 2020 - handmann - 1
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http://digital.petfoodprocessing.net/sosland/pfp/2020_10_01
http://digital.petfoodprocessing.net/sosland/pfp/2020_09_01
http://digital.petfoodprocessing.net/sosland/pfp/2020_06_01
http://digital.petfoodprocessing.net/sosland/pfp/2020_03_01
http://digital.petfoodprocessing.net/sosland/pfp/2019_12_01
http://digital.petfoodprocessing.net/sosland/pfp/2019_10_01
http://digital.petfoodprocessing.net/sosland/pfp/2019_09_01
http://digital.petfoodprocessing.net/sosland/pfp/2019_06_01
http://digital.petfoodprocessing.net/sosland/pfp/2019_03_01
http://digital.petfoodprocessing.net/sosland/pfp/2018_12_01
http://digital.petfoodprocessing.net/sosland/pfp/2018_09_01
http://digital.petfoodprocessing.net/sosland/pfp/2018_06_01
http://digital.petfoodprocessing.net/sosland/pfp/2018_03_01
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