Wasting no time, a class action lawsuit has been filed against Big Heart Brands pet food for “negligent misrepresentation” stating the dog food was “adulterated and contains pentobarbital”.
The news story broke on a Washington D.C. television station Thursday February 8, 2018. The next day a lawsuit was filed; Friday February 9, 2018. The class action lawsuit is suing Big Heart Brands for “Negligent misrepresentation, Violations of the California Consumer Legal Remedies Act, Violations of the California False Advertising Law, Violations of the California Unfair Competition Law, and Breach of Implied Warranty.”
WJLA News of Washington D.C. tested 62 samples of dog food; 15 from Big Heart Brands Gravy Train canned dog food. Nine of the fifteen cans of Gravy Train dog food tested positive for pentobarbital – a drug used to euthanize animals (commonly horses, cats and dogs).
The class action lawsuit against Big Heart Brands Gravy Train cites numerous FDA statements regarding pentobarbital being found in Evanger’s pet food and cites years earlier testing performed by FDA finding pentobarbital in a large percentage of samples. The lawsuit states…
“Despite its findings, the FDA has not aggressively taken action under FDCA, § 342 (a)(1) or (5), against the pet food companies that it found to have used nonslaughtered animals and contain pentobarbital in their pet foods. Therefore, manufacturers in the pet food industry, including Defendant, have continued their illegal practice of using non-slaughtered animals that may contain poisonous substances, like pentobarbital, in their pet foods. It is not acceptable to use animals euthanized with a chemical substance in pet food, and the detection of pentobarbital in pet food renders the product adulterated.”
This is VERY true. Actually, because FDA has not aggressively enforced law – multiple recalls have occurred and an unknown number of pets have become ill, one pet died.
More from the lawsuit…
“Defendant wrongfully advertised and sold the Contaminated Dog Foods without any label or warning indicating to consumers that these products contained any level of Pentobarbital or that Defendant utilized animals that have been euthanized as a protein or meat by-product source.”
Very true and very unfair to every single pet food consumer. Consumer advocates have repeatedly asked FDA to require warnings on pet food labels to alert consumers to the potential of inferior/waste/risky/illegal ingredients. FDA continues to deny consumer advocates requests.
One last quote from the lawsuit…
“Moreover, a reasonable consumer, such as Plaintiff and other members of the Class (as defined herein), would have no reason to expect and anticipate that the Contaminated Dog Foods are made up of anything other than pure ingredients from reputable suppliers and that quality is the top priority as promised by Defendant. Nondisclosure and concealment of any level of Pentobarbital or utilization of animals that have been euthanized as a protein or meat by-product source in the Contaminated Dog Foods coupled with the partial disclosures and/or misrepresentations that the food is pure, quality, healthy and safe by Defendant is intended to and does, in fact, cause consumers to purchase a product Plaintiff and Class members would not have bought if the true quality and ingredients were disclosed, including that the fact the Contaminated Dog Foods are adulterated. As a result of these false statements, omissions, and concealment, Defendant has generated substantial sales of the Contaminated Dog Foods.”
And again – true. Because FDA has not aggressively enforced law – many pet food manufacturers continue to present “misrepresentations that the food is pure, quality, healthy and safe” while sourcing inferior and illegal ingredients.
It has to be asked again…FDA, when is this going to end? When are you going to enforce law? How many pets have to suffer and die?
To read the lawsuit against Big Heart Brands, Click Here.
Wishing you and your pet(s) the best,
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