Prescription Pet Food Lawsuit to be Dismissed
A judge has determined that the lawsuit against Hill’s, Purina, Royal Canin and Iams prescription pet foods does not prove it’s argument. Big Pet Feed wins.
No ‘food’ is allowed to claim it can cure or treat disease; but a ‘feed’ is and this ‘Rx feed’ will be allowed to continue to mislead consumers.
An organic apple grown in a pristine field free of pesticides cannot make the claim ‘An apple a day keeps the doctor away’. Even though there is a multitude of science to prove the antioxidants found in berries can and do improve health – no berry farmer can promote their berries as disease prevention.
But a pet feed – made with feed grade ingredients, made with recycled condemned animal material IS ALLOWED to claim it can treat/cure kidney disease and many other serious health issues in pets.
Prescription pet food is THE ONLY food (feed) that is allowed to make a health claim. The FDA gives this special privilege to prescription pet food (feed) without the actual authority to do so. Federal law says only products that have gone through a strict approval process can claim to heal or treat disease. FDA says the exact opposite when it comes to prescription pet food (feed) allowing feed grade ingredients – including some whose legal definitions violate federal law – to make the heal or treat disease claim. (To read the FDA Compliance Policy regarding prescription pet food, Click Here.)
It’s absurd, but true.
A lawsuit was filed against prescription pet food late 2016, but the suit will soon be dismissed. The court ruled that all claims argued in this lawsuit were not proven. One claim argued was price of prescription pet foods. The court ruled “Plaintiffs have failed to allege facts sufficient to plead Article III standing to bring a claim for injunctive relief, in particular, facts demonstrating plaintiffs’ intent to purchase the accused products in the future despite their allegation that such products are more expensive than products having the same composition.”
To read the court’s ruling on this lawsuit, Click Here.
There is no argument that some prescription pet feeds help some pets. There remains significant argument of the cost of prescription pet feed, the FDA special permission given ONLY to prescription pet feed, and the illegal feed grade ingredients sold and labeled as a healing ‘food’. It appears those arguments will have to wait for another lawsuit.
Wishing you and your pet(s) the best,
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