Farmer’s Dog Had To Do Regulatory’s Job

The Farmer’s Dog pet food company filed a complaint with the BBB National Programs’ National Advertising Division (NAD) regarding advertising of Freshpet pet food.

“Farmer’s Dog argued that three video advertisements include various statements and images that necessarily imply that Freshpet’s dog food is human grade.”

“In a social media advertisement, a dog owner states ‘We eat fresh, real food as much as possible at home, so of course, we want the same for Benji. That’s why we give him Freshpet Fresh from the Kitchen Home Cooked Chicken Recipe’ and Freshpet dog food is ‘made with the same level of quality I want in my own food.’”

“NAD determined that these claims convey a message that Freshpet dog food is human grade and recommended Freshpet discontinue the claims as they appear in the Benji video.”

Freshpet agreed to abide by the National Advertising Divisions (NAD) recommendations.

There are many existing regulations that are continuously ignored by FDA and State Feed Officials that led to The Farmer’s Dog escalating the misleading advertising claim to NAD.

Per the FDA website, “Section 201(m) of the FD&C Act defines ‘labeling’ as all labels and other written, printed, or graphic matter upon any article or any of its containers or wrappers, or accompanying such articles including promotional brochures, promotional pamphlets, testimonials, product information sheets, books, etc., (21 U.S.C. 321(m)).”

This means that regarding claims made in advertising, a pet food must meet the same legal requirements of the actual pet food label. 

The Federal Food Drug and Cosmetic Act defines a mislabeled food as:

“A food shall be deemed to be misbranded-
(a) If (1) its labeling is false or misleading in any particular”

Specific to human grade pet food, regulations are very clear. In order to make a claim of human grade pet food (on the label or in marketing), a manufacturer is required:

“In order to substantiate that a ‘human grade’ pet food claim is truthful and not misleading on products manufactured in an FDA Human Food Facility subject to 21 CFR Part 117, the firm must maintain and make available upon request, documentation sufficient to show that:
a. All individual ingredients supplied to the manufacturer that are further utilized in the manufacture of human grade pet food, are fit for human consumption.
b. Every ingredient and the resulting product are stored, handled, processed, and transported in a manner that is consistent and compliant with 21 CFR part 117 and the final product is considered ready-to-eat;
c. The manufacturing facility is licensed to produce human food by all appropriate/required authorities”

All pet food manufacturers are required to register with FDA, with full disclosure of their facilities being a licensed pet food facility or a licensed human food facility. That pertinent information was at FDA’s fingertips…but the agency did nothing to stop the misleading advertising. 

As well, every pet food regulatory authority is well aware of the strict requirements for a pet food in making a human grade claim (on the label or in marketing). But again, not one pet food regulatory authority did anything to prevent pet food consumers from being misled. 

The AAFCO website states: “All claims made for the product must be truthful and must not be misleading to the consumer. For example, if there is only a small amount of an ingredient, then the name of the ingredient should not be in the largest type on the label. Another example is that the graphics (pictures) on the label must represent what is actually in the product. A picture of apples on a package without any apples in the product would be misleading.”

Yet the pet food regulatory members of AAFCO (State Feed Officials and FDA) have done nothing to protect pet food consumers from pet foods with images of roasted chicken or grilled steak on the label when the product contains no roasted chicken or grilled steak. 

Just a few examples of many:

Through AAFCO, FDA and State Feed Officials write laws under the pretense of protecting consumers. But they continuously fail to enforce those regulations…which directly misleads consumers (and benefits industry). 

Our thanks to the National Advertising Division of the Better Business Bureau. At least someone took action to protect pet food consumers.

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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