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Judge rules Champion Lawsuit will continue

Champion’s request to dismiss was denied in part, and approved in part. And with what will continue, is a very interesting twist that could have other pet food manufacturers scrambling to clean up their claims.

Champion’s request to dismiss was denied in part, and approved in part. And with what will continue, is a very interesting twist that could have other pet food manufacturers scrambling to clean up their claims.

Judge J. P. Stadtmueller has ruled that the class action lawsuit against Champion Pet Food will continue. In response to the initial complaint, Champion requested the court dismiss the case. The judge agreed some counts should be dismissed, but he ruled that other will continue.

From the court’s decision:

Plaintiff filed this class action on March 28, 2018. She alleges that she and her fellow class members purchased Defendants’ dog foods because Defendants advertise them as high-quality products which contain ingredients fit for human consumption. This latter assertion is, of course, merely an advertising ploy—people are not expected to eat the dog food.

When a pet food manufacturer makes the claim “ingredients fit for human consumption” – that should never be “an advertising ploy”. And later in the Judge’s decision, he states Champion’s claim of “ingredients fit for human consumption” will need to be verified.

What Defendants need to counter Plaintiff’s allegations is additional evidence on what constitutes “safe” concentrations of heavy metals in dog food and what is meant by “fit for human consumption.”

This brings up an interesting point, which I hope attorney’s on both sides argue. If a pet food company is claiming “ingredients fit for human consumption” – whether it be directly or indirectly through images on packaging or website – should the court require them to prove that claim?

Consumers answering that question would say “yes”. “Ingredients fit for human consumption” in a pet food is significant – considering the FDA and each State Department of Agriculture allows diseased animal material and condemned ingredients (feed grade) into pet food. The court certainly needs a better understanding that pet food is allowed by regulatory authorities to violate law and deceive consumers. Discussion/explanation of what pet ‘food’ really consists of in a courtroom could prove to be a well needed education for Judges.

And another question…if a pet food manufacturer makes the claim “ingredients fit for human consumption” – should that pet food be held to the safety levels of heavy metals and other contaminants of human food?

From the Judge’s decision:

Defendants claim that they provide “The World’s Best Petfood.” Id. at 3. Orijen is touted as “the fullest expression of our biologically appropriate and fresh regional ingredients commitment,” containing “unmatched inclusions of free-run poultry, wild-caught fish and whole nest-laid eggs—sustainably farmed or fished in our region and delivered daily, fresh or raw and preservative-free.” Id. Orijen further claims that it “features fresh, raw or dehydrated ingredients from minimally processed poultry, fish and eggs that are deemed fit for human consumption prior to inclusion in our foods.”

Defendants’ alleged misrepresentations fall on both sides of this line. Their claim of having “The World’s Best Petfood” is clearly a statement of opinion. By contrast, whether the products’ ingredients are “fit for human consumption” is a disputable fact. The same is true for the assertions that the products are “biologically appropriate,” “minimally processed,” and “fresh.” While less definite than being “fit for human consumption,” these other claims may also be proven or refuted with evidence.

Plaintiff asserts that, contrary to Defendants’ representations, the products are not of high quality. Id. Rather, they contain “excessive” and “dangerous” levels of arsenic, lead, cadmium, and mercury, rendering them unfit for human consumption.

Champion Pet Food has defended their products in this lawsuit and publicly with a “White Paper”. But it might turn out that Champion’s White Paper will be further foundation against them (not necessarily in their defense).

Defendants also claim that the White Paper proves that they thought their products were safe and of good quality. Assuming the White Paper could be considered, Plaintiff’s allegations imply that it was a ruse, and that Defendants knew the conclusions stated therein were false.

The Judge concluded with this:

The thrust of Defendants’ motion is to bristle at Plaintiff’s allegations and call them slander. Defendants’ displeasure at her accusations is no basis for dismissing them, however. Although certain of Plaintiff’s claims are properly dismissed, her primary theory survives. This matter must be resolved by reference to evidence, not pleadings.

Basically, the Judge has ruled “evidence” must be provided by Champion Pet Food regarding all of their marketing claims. This will be an interesting lawsuit to follow.

To read the full decision of the Judge, click here.

To read the original complaint filed in the lawsuit, click here.

 

Wishing you and your pet(s) the best,

Susan Thixton
Pet Food Safety Advocate
Author Buyer Beware, Co-Author Dinner PAWsible
TruthaboutPetFood.com
Association for Truth in Pet Food


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15 Comments

15 Comments

  1. Cindy

    July 3, 2018 at 1:38 pm

    I wonder if the CEO of Champion would eat a bowl of Orijen in court to show how safe and fit for human consumption it is?

    • Gina

      July 3, 2018 at 4:07 pm

      “Ingredients” aren’t finished product. That’s where they have to prove fit for human consumption. Is chicken fit for human consumption? Depends on the chicken. I look forward to seeing how transparent they will be about where they get their ingredients.

    • Laurie Raymond

      July 4, 2018 at 10:44 am

      I’m sure all the company’s executives would gladly “eat a bowl for the team” – and why not? The stuff isn’t any more likely to poison them than is the stuff most Americans eat every day is to poison them – because we are so short-sighted as to define poisoning as something that happens immediately and obviously, with no ambiguity at all. What we’ve created is a world where slow, incremental poisoning of everything that lives is acceptable as long as profits keep increasing. We need to embrace the “precautionary principle” when it comes to decision making in all important policy areas, including food and agriculture and manufacturing. Instead of trying to determine how much harm is acceptable, It begins by asking how much harm is avoidable. Much sounder. This Champion lawsuit is another step in that direction, and I agree that Champion has become just another cynical pet food company which deserves to continue under the Nestle aegis – which will get it recognized as such, and off my shelves immediately. But it is not worse than most, nor operating under a lower ethical standard than the rest of the industry. It just got caught.

      • blowyourfunnyfuse

        February 24, 2019 at 12:48 am

        “Instead of trying to determine how much harm is acceptable, It begins by asking how much harm is avoidable.” yes!

        thank you Laurie for all your advice here. i’m looking for a new cat food to replace Acana for my two fluffbabies. had no idea so many “gourmet pet foods” in this industry were horrible. lies, misdirection, fat % wordplay, horse meat, arsenic, lead, pentobarbital ffs. it’s all too much. i’ll purchase Susan’s list to know what to look for next time i’m in my local indie pet store and it’s probably going to be raw. i’m done playing around with these greedy capitalist scumbags.

  2. Hope

    July 3, 2018 at 2:00 pm

    So, if Champion is being required to support their claims in court the question in my mind is whether this court requirement will extend to other pet feed/food manufacturers. I sure hope that large conglomerate pet feeds will have the same required of them with their undoubtedly false advertising! And hard to believe that a Champion sale will be done during this lawsuit!

  3. Susan Bottino

    July 3, 2018 at 2:15 pm

    I fed both of my dogs Origen and was dismayed when production moved to the polluted state of Kentucky. Piper and Rosie died within months of each other with the older dog dying first. Their blood labs were off and no vet could tell me why. I began making food for Rosie and she got better for a short while but never fully recovered.

    I had a health plan for each dog plus a home visit vet giving tests and observing them. I took them for Xrays and ultrasounds and to specialists. I took Rosie to holistuc healers. In the end, they both lost coordination and control of walking. I still have copies of the labs and reports. I posted online to stay away from the Kentucky food. I called agencies but no one listened. This is the one year aniversary of Oipers passing. I am heartsick. Please, if you are feeding the food from Kentucky, stop. If you need support with the with suit please tell me. Thank you Susan.

    • Vanessa

      November 17, 2018 at 11:15 pm

      I would order from Canada pet Connection they sell the candaian ones. It’s hard to get hte ones made in Canda. Champion choosing to make food in Kentucky was dumb. But it started costing me too much to have it shipped from canada. So if i do get htem i order in bulk but i mostly use zignature and nulo

  4. T Allen

    July 3, 2018 at 2:15 pm

    This is a great first step! I hope she has an excellent attorney!

  5. Laurie Raymond

    July 3, 2018 at 3:22 pm

    It is an interesting and important question whether testing for these heavy metals is done before sale to human or pet food companies by the purveyor of ingredients. It emerges, for instance, that since the Fukushima disaster, we have learned of increases in contamination of fish from different ocean locations. Sardines are affected. How do human food and pet food companies differ in their response to this discovery? And how are they required to respond under the law? When “safe” levels are cited, what kind of studies yield this information? Duration of studies would be extremely important to such a determination – yet we are dealing with new situations (combinations and levels) of recent development. We certainly know that pet food company feeding trials of 6 months duration cannot prove nutritional adequacy over a lifetime – or even safety over shorter periods. The demands for an adoption by regulatory bodies of a ruling “precautionary principle” are based on the near-impossibility of assessing safety under current legal and practical conditions. I have always wondered if it would be possible to obtain Champion’s (or any pet food company’s) comprehensive list of suppliers. That would tell us a lot about their claims.

    • Claudia soscia

      August 1, 2018 at 3:21 pm

      I agree and would love to see a list of their suppliers. I have been feeding my 5 cats origen for two years. They appear to be extremely healthy.But Being a medical biologist I realize these elements such as lead, Mercury and the like can build up in the tissue and cause problems in the future. However. I am not going to throw the baby out with the bathwater. I will wait and see before I once again go on that long journey to find a very good cat food.

      • Ruby Fifer

        December 18, 2018 at 5:48 am

        I can offer you one that is family owned since 1963 with no recalls.
        I can give you my code emf for 20% off your first order. Anything over $99 ships for free. Canned food is best for cats. Dry food no matter how “good” is always second best.
        Try it – I have been using it several years & feed it to my 6 k9s, and MANY of my friends have changed their pets over to it.
        Www/myhealthextension/com
        🙂
        Wishing looooog life for your kitties.

  6. Pingback: Judge rules Champion Lawsuit will continue - Pet News Hound

  7. Eve

    July 3, 2018 at 7:05 pm

    PAWS APPLAUSE FOR THE JUDGE. Judges have beloved animals too. I would hope the “evidence requested” will be founded by the judge of an independent test and NOT sought from the deceptive unethical pet food company. We must all remember the revolution started with ‘you’ the distraught pet owne, our loved and influential Susan, Australian Police Dog Squad, Dr Karen Becker, Dr Lonsdale, Pet Food Advocate Rob Habib, The makers of Pet Fooled and many others who are defending their beloved animal pet guardians. This movement is on the rise and will only continue to grow into great success and a revolutionary ethical change paving food ethics for our pets, the planet and us. I can predict an influx of Holistic Pet Nutrition Education, Holistic Veterinariany Practise growth and clients education the list goes on and it actually will help pet food manufacturers offer better approach changing their methods in what they sell.

  8. Kathleen

    July 4, 2018 at 7:41 pm

    If you aren’t feeding your dogs raw, then what is the 3rd choice from the top in dry after Orijen and Acana in a weight management form?

  9. Gary W

    August 23, 2018 at 9:48 pm

    All three of my dogs got severely ill after eating Orijen dog food. I made a complaint with customer care in Edmonton and they started an investigation on the lot #. They concluded that there was nothing wrong. After paying an exhorbinant vet bill, I have filed small claims suit for damages. Bloody stools, vomiting, and lethargy. I was lucky they survived and have switched dog food companies.

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