PET Food Processing - October 2020 - 56

BRAND CLAIMS

LAWSUITS TARGETING PET FOOD
MANUFACTURERS HAVE CLAIMED:
* natural claim was misleading because products contain synthetic
vitamin K and caramel color
* marketed as natural but contain the non-naturally occurring
chemical BPA
* marketed as safe and healthy, in spite of it containing glyphosate
* marketed as grain free, but allegedly contained corn and soy protein
* GRQRWFRQWDLQZKHDWVR\RUFKLFNHQZKHQDFFRUGLQJWRSODLQWLႇVLW
contained all three

56

PET FOOD PROCESSING | October 2020 | www.petfoodprocessing.net

are willing to conduct detailed laboratory analyses of
food composition looking for potential claims. In June
2019, a consumer class action lawsuit was filed against
Big Heart Pet Brands regarding Nature's Recipe Salmon,
Sweet Potato & Pumpkin Recipe, which was marketed
as "grain free," but allegedly contained corn and soy
protein, which plaintiffs claimed were "grains." (Miller
et al v. Big Heart Pet Brands, Inc., Case No. 19-cv-3613,
N. D. CA.) In May 2020, a similar lawsuit was filed
against Mars Petcare for allegedly falsely claiming that
its Nutro Limited Ingredient Diets dog food did not
contain wheat, soy or chicken when, according to plaintiffs, it contained all three ingredients. (Michael et al v.
Mars Petcare US, Inc., Case No. 20-cv-4845, C.D. Cal.)
In April 2020, a class action lawsuit was filed against
Ainsworth Pet Nutrition and The J.M. Smucker Co. for
claiming that the Rachael Ray Nutrish Just 6 line of dog
foods did not contain corn, wheat, soy, gluten or beef
when, according to plaintiffs, the dog foods do contain
those ingredients. (Kirchenberg et al v. Ainsworth Pet
Nutrition, Inc. and J.M. Smucker Co., Case No. 20-cv337, E.D. Cal.)

Little benefit to the consumer
As a whole, consumer class actions as a whole are unmistakably lawyer-driven, and pet food actions are no
different. The premise of class actions is to join into one
suit a large group of plaintiffs who each individually suffered insufficient damages to warrant filing an individual suit. But this laudable premise is frequently abused
by some plaintiffs' attorneys. In The Food Court: Trends
in Food and Beverage Class Action Litigation, Feb. 2017,
The US Chamber of Commerce's Institute for Legal
Reform (ILR) has stated that food "class actions result
from lawyers shopping for cases, not consumer fraud."
And the reasons for this are clear.
There are millions of products on the market, and all
of their ingredients and packaging provide ample fodder

©prime1001 - stock.adobe.com

and labeling practice by expressly warranting, claiming,
stating, featuring, representing, advertising, or otherwise marketing on ACANA and ORIJEN labels and
related websites that the Contaminated Pet Foods are
natural, fit for human consumption, fit for canine consumption, and made from 'Biologically Appropriate'
and 'Fresh Regional Ingredients' consisting entirely
of fresh meat, poultry, fish, and vegetables when they
contain the non-naturally occurring chemical BPA."
(Slawsby v. Champion Petfoods USA, Inc., Case No.
1:18-cv-10701, Dist. Court, D. Massachusetts 2018;
Colangelo v. Champion Petfoods USA, Inc., Case
No. 6:18-CV-1228, SDNY; Reitman v. Champion
Petfoods USA, Inc., Case No. 2:18-CV-01736-DOCJPR, C.D. Cal.)
These lawsuits have led to other lawsuits based on
unintended, perhaps unknown ingredients. In August
2019, a proposed class action was brought against
Nutrish dog food, alleging that the manufacturer's labeling of Nutrish as "natural" was false and misleading
under state consumer protection laws, based on testing
that showed the presence of glyphosate - a key ingredient in the herbicide Roundup. (Parks v. Ainsworth Pet
Nutrition LLC, No. 1:18-cv-06936, S.D.N.Y.) Just this
year, two proposed class actions were filed against Purina
PetCare for allegedly falsely marketing their product
as safe and healthy, in spite of it containing glyphosate.
(Jacquin et al. v. Nestle Purina PetCare Company, Case
No. 4:20-cv-00467-SNLJ, E.D.Mo.; GMO Free USA and
the Clean Label Project Foundation, Case No. 2020-CA002775, D.C. Super. Ct.)
Other buzzwords that have been the subject of complaints are "real," "holistic," "organic" or "premium." As
with "natural" lawsuits, there is no legal definition for
these terms, making it easier to claim that consumers
were misled. Suits involving unexpected specific ingredient claims are also growing in popularity.
Pet food companies should know that consumers


http://www.petfoodprocessing.net

PET Food Processing - October 2020

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

PET Food Processing - October 2020 - 1
PET Food Processing - October 2020 - 1
PET Food Processing - October 2020 - 2
PET Food Processing - October 2020 - 3
PET Food Processing - October 2020 - 4
PET Food Processing - October 2020 - 5
PET Food Processing - October 2020 - 6
PET Food Processing - October 2020 - 7
PET Food Processing - October 2020 - 8
PET Food Processing - October 2020 - 9
PET Food Processing - October 2020 - 10
PET Food Processing - October 2020 - 11
PET Food Processing - October 2020 - 12
PET Food Processing - October 2020 - 13
PET Food Processing - October 2020 - 14
PET Food Processing - October 2020 - 15
PET Food Processing - October 2020 - 16
PET Food Processing - October 2020 - 17
PET Food Processing - October 2020 - 18
PET Food Processing - October 2020 - 19
PET Food Processing - October 2020 - 20
PET Food Processing - October 2020 - 21
PET Food Processing - October 2020 - 22
PET Food Processing - October 2020 - 23
PET Food Processing - October 2020 - 24
PET Food Processing - October 2020 - 25
PET Food Processing - October 2020 - 26
PET Food Processing - October 2020 - 27
PET Food Processing - October 2020 - 28
PET Food Processing - October 2020 - 29
PET Food Processing - October 2020 - 30
PET Food Processing - October 2020 - 31
PET Food Processing - October 2020 - 32
PET Food Processing - October 2020 - 33
PET Food Processing - October 2020 - 34
PET Food Processing - October 2020 - handmann - 1
PET Food Processing - October 2020 - handmann - 2
PET Food Processing - October 2020 - handmann - 3
PET Food Processing - October 2020 - handmann - 4
PET Food Processing - October 2020 - handmann - 5
PET Food Processing - October 2020 - handmann - 6
PET Food Processing - October 2020 - handmann - 7
PET Food Processing - October 2020 - handmann - 8
PET Food Processing - October 2020 - 35
PET Food Processing - October 2020 - 36
PET Food Processing - October 2020 - 37
PET Food Processing - October 2020 - 38
PET Food Processing - October 2020 - 39
PET Food Processing - October 2020 - 40
PET Food Processing - October 2020 - 41
PET Food Processing - October 2020 - 42
PET Food Processing - October 2020 - 43
PET Food Processing - October 2020 - 44
PET Food Processing - October 2020 - 45
PET Food Processing - October 2020 - 46
PET Food Processing - October 2020 - 47
PET Food Processing - October 2020 - 48
PET Food Processing - October 2020 - 49
PET Food Processing - October 2020 - 50
PET Food Processing - October 2020 - 51
PET Food Processing - October 2020 - 52
PET Food Processing - October 2020 - 53
PET Food Processing - October 2020 - 54
PET Food Processing - October 2020 - 55
PET Food Processing - October 2020 - 56
PET Food Processing - October 2020 - 57
PET Food Processing - October 2020 - 58
PET Food Processing - October 2020 - 59
PET Food Processing - October 2020 - 60
PET Food Processing - October 2020 - 61
PET Food Processing - October 2020 - 62
PET Food Processing - October 2020 - 63
PET Food Processing - October 2020 - 64
PET Food Processing - October 2020 - 65
PET Food Processing - October 2020 - 66
PET Food Processing - October 2020 - 67
PET Food Processing - October 2020 - 68
PET Food Processing - October 2020 - 69
PET Food Processing - October 2020 - 70
PET Food Processing - October 2020 - 71
PET Food Processing - October 2020 - 72
PET Food Processing - October 2020 - 73
PET Food Processing - October 2020 - 74
PET Food Processing - October 2020 - 75
PET Food Processing - October 2020 - 76
PET Food Processing - October 2020 - 77
PET Food Processing - October 2020 - 78
PET Food Processing - October 2020 - 79
PET Food Processing - October 2020 - 80
PET Food Processing - October 2020 - 81
PET Food Processing - October 2020 - 82
PET Food Processing - October 2020 - 83
PET Food Processing - October 2020 - 84
https://digital.petfoodprocessing.net/sosland/pfp/-pet-food-processing-june-2022
https://digital.petfoodprocessing.net/sosland/pfp/pet-food-processing-march-2022
https://digital.petfoodprocessing.net/sosland/pfp/pet-food-processing-december-2021
https://digital.petfoodprocessing.net/sosland/pfp/pet-food-processing-october-2021
https://digital.petfoodprocessing.net/sosland/pfp/pet-food-processing-september-2021
https://digital.petfoodprocessing.net/sosland/pfp/pet-food-processing-june-2021
https://digital.petfoodprocessing.net/sosland/pfp/pet-food-processing-march-2021
https://digital.petfoodprocessing.net/sosland/pfp/2020_12_01
https://digital.petfoodprocessing.net/sosland/pfp/2020_10_01
https://digital.petfoodprocessing.net/sosland/pfp/2020_09_01
https://digital.petfoodprocessing.net/sosland/pfp/2020_06_01
https://digital.petfoodprocessing.net/sosland/pfp/2020_03_01
https://digital.petfoodprocessing.net/sosland/pfp/2019_12_01
https://digital.petfoodprocessing.net/sosland/pfp/2019_10_01
https://digital.petfoodprocessing.net/sosland/pfp/2019_09_01
https://digital.petfoodprocessing.net/sosland/pfp/2019_06_01
https://digital.petfoodprocessing.net/sosland/pfp/2019_03_01
https://digital.petfoodprocessing.net/sosland/pfp/2018_12_01
https://digital.petfoodprocessing.net/sosland/pfp/2018_09_01
https://digital.petfoodprocessing.net/sosland/pfp/2018_06_01
https://digital.petfoodprocessing.net/sosland/pfp/2018_03_01
https://www.nxtbookmedia.com