[co-author: Jessica Griffith]
Minnesota federal district court Judge Patrick J. Schiltz recently dismissed with prejudice an alleged class action claiming that Champion Petfoods misrepresented the quality of its dog food and ingredients by failing to disclose traces of heavy metals and barbiturates. In dismissing the suit, Judge Schiltz found no reasonable consumer was likely to interpret the contested claims as plaintiffs did, and plaintiffs’ attempt to “construct[] a hypothetical ‘reasonable consumer’ with highly artificial, detailed expectations about a product” did not make their allegations plausible.
Plaintiffs alleged the advertised claims “Biologically Appropriate”; “Fresh Regional Ingredients”; “Nourish as Nature Intended”; and “Delivering Nutrients Naturally” on Champion’s dog food were false and misleading because they did not reflect that the food contained or had a risk of containing heavy metals, BPA, pentobarbital, and non-fresh, non-regi
Tuesday, March 9, 2021
Minnesota federal district court Judge Patrick J. Schiltz recently dismissed with prejudice an alleged class action claiming that Champion Petfoods misrepresented the quality of its dog food and ingredients by failing to disclose traces of heavy metals and barbiturates. In dismissing the suit, Judge Schiltz found no reasonable consumer was likely to interpret the contested claims as plaintiffs did, and plaintiffs’ attempt to “construct[] a hypothetical ‘reasonable consumer’ with highly artificial, detailed expectations about a product” did not make their allegations plausible.
Plaintiffs alleged the advertised claims “Biologically Appropriate”; “Fresh Regional Ingredients”; “Nourish as Nature Intended”; and “Delivering Nutrients Naturally” on Champion’s dog food were false and misleading because they did not reflect that the food contained or had a risk of containing heavy metals, BPA, pentobarbital, and non-fresh, non-
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December 24, 2020
District of Minnesota Judge Patrick J. Schlitz dismissed a false advertising suit on Tuesday brought by Acana and Orijen kibble purchasers against Champion Petfoods USA, Inc., and Champion Petfoods LP, the manufacturers.
The plaintiffs alleged they “purchased Champion’s dog food
rather than cheaper alternatives in reliance on the representations made by
Champion on its packaging.” The specific statements on the packaging the
plaintiffs claimed they relied on were: “Biologically Appropriate,” “Fresh
Regional Ingredients,” “Nourish as Nature Intended,” and “Delivering Nutrients
Naturally.” The plaintiffs argued that these statements were false or
misleading because the dog food may have contained “heavy metals,” “BPA,”