A class action lawsuit has been filed against Diamond Pet Food’s Taste of the Wild for negligent misrepresentation, false advertising, and breach of warranty.
Quotes from the lawsuit:
Defendants’ Marketing is deceptive, misleading, unfair, and/or false because, among other things, the Contaminated Dog Foods include undisclosed Heavy Metals, pesticides, acrylamide, and/or bisphenol A (“BPA”).
Defendants’ Contaminated Dog Foods do not have a disclaimer regarding the presence of Heavy Metals, pesticides, acrylamide, and/or BPA or that these toxins can accumulate over time in the dog’s body to the point where poisoning, injury, and/or disease can occur. Consumers lack the scientific knowledge necessary to determine whether the Products do in fact contain Heavy Metals, pesticides, acrylamide, and/or BPA and to know or to ascertain the true ingredients and quality of the Products. No reasonable consumer seeing Defendants’ Marketing would expect that the Products contain Heavy Metals, pesticides, acrylamide, and/or BPA.
Further, reasonable consumers, like Plaintiff, would consider the mere inclusion of Heavy Metals, pesticides, acrylamide, and/or BPA in the Contaminated Dog Foods a material fact when considering what pet food to purchase.
Opinion: Interesting and true claim of this lawsuit – consumers are not told “the true ingredients and quality of the Products.” And any “reasonable consumer” would consider a pet food contaminated if they knew the product contained “Heavy Metals, pesticides, acrylamide, and/or BPA”.
Defendants’ Marketing represents that that their “premium” dog food is made of “the highest quality ingredients and products” for “nutrition-conscious pet owners.” Defendants’ business model is premised upon the purported belief that “every pet, from purebred show animal to shelter puppy or kitten, is worthy of the best nutrition.” Defendants state that they “strive to provide honest and accurate information about the ingredients used in Taste of the Wild formulas.” Defendants also repeatedly tout that the Contaminated Dog Foods are natural in that they are as “nature intended.” As shown below, Defendants explain on their website (all while depicting animals in the wild), the brand name of the Contaminated Dog Foods (Taste of the Wild®) is meant to reflect and imply that the Products are natural, akin to what “nature intended” pets to eat in the “Wild,” and are formulated “based on your pet’s ancestral diet”:
To this end, the Marketing contained on Defendants’ website further states that their Products, including Taste of the Wild®, are manufactured and sourced in such a way that would prevent any contamination by Heavy Metals, pesticides, acrylamide, and/or BPA:
NUTRITIONAL INTEGRITY THE HIGHEST QUALITY INGREDIENTS
When we made the conscious decision to only make pet food you’d be proud to feed your own pet, we didn’t skimp on quality. That’s why we source the finest ingredients and establish solid relationships with our trusted suppliers to ensure we’re always getting the very best. All of our formulas are unique, based on your pet’s needs and life stage, but here are just a few of the quality ingredients you’ll find in our products. Real chicken, lamb, salmon, turkey, fowl, bison and venison Vegetables like carrots, peas, sweet potatoes and spinach Fruits like apples, blueberries and cranberries Whole grains such as brown rice, barley and oatmeal Prebiotics and probiotics for healthier digestion.
SUPPLIER MANAGEMENT PROGRAM
Our ingredients suppliers are approved through a rigorous process intended to validate commitments to food safety and ingredient quality, and also to ensure financial viability. Our method is to work with fewer suppliers under longer-term arrangements, rather than engage with a host of suppliers participating in a continual bid process. This approach fosters trust, collaboration and continual improvement, and works to encourage vendor-partners to make investments in quality control, food safety training and laboratory testing equipment.
Our pet food formulas are based on the latest animal nutrition research and are carefully designed to meet your pet’s specific life stage. No matter which formula you choose, you can rest assured you’re getting the very best nutrition for a long and healthy life.
The specific product types purchased by Plaintiff were tested and found to contain undisclosed Heavy Metals, pesticides, acrylamide, and/or BPA (material to a reasonable consumer) at the following levels:
Based on Defendants’ Marketing, a reasonable consumer would not suspect the presence of Heavy Metals, pesticides, acrylamide, and/or BPA nor would a reasonable consumer be able to detect the presence of Heavy Metals, pesticides, acrylamide, and/or BPA in the Contaminated Dog Foods without conducting his or her own scientific tests, or reviewing scientific
testing conducted on the Products. Reasonable consumers must and do rely on Defendants to report honestly what the Products contain.
To read the full lawsuit complaint, Click Here.
To contact the law firm, Click Here.
Pet food consumers have been taken advantage of by pet food marketing for too long. Regulatory authorities have been ignoring pet food law for too long. Thank goodness for law firms trying to right the wrongs.
Wishing you and your pet(s) the best,
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