Pet food manufacturers on May 22 agreed to create a $24 million settlement fund to compensate pet owners who purchased products tainted by melamine found in wheat gluten imported from China (In re Pet Food Products Liability Litigation, MDL-1850, No. 07-2867, D. N.J.) A settlement hearing is set for October 14.
Now several industry giants are facing another potential class action, this time alleging that products advertised as being “premium” or “gourmet” are being produced using substandard ingredients. A group of 30 pet owners are seeking class action status in the U.S. District Court for the Southern District of Florida based on alleged misrepresentations as to the quality of food they have purchased for their dogs and cats (Blaszkowski v. Mars. Inc. et al., No. 07-21221, S.D. Fla.).
Some of the less-than-appetizing ingredients the plaintiffs are gagging over? Restaurant grease, road kill, chicken heads, cow brains and Styrofoam packaging.
Seven pet food manufacturers are named in the fourth amended complaint in this case, including Menu Foods, the Canadian firm at the center of the recall of pet food products tainted by melamine. Several large retailers are also named as defendants, including Target, Wal-Mart and PetSmart.
But the focus of the
Florida action is more about advertising than product liability. The pet owners take issue with manufacturers pushing products as being wholesome and using human-grade ingredients. They maintain that the marketing message is false and deceptive.
Judge Cecilia M. Altonaga refused to dismiss the action on April 8, noting that the pet food manufacturers’ advertising statements have not been approved by any regulatory body, including the FDA. The defendants argue that they can use words such as “complete and balanced” and “veterinarian recommended” and that some of the allegations in the lawsuit are taken from Internet rumors about the pet food industry.