A class action lawsuit has been filed for “fraudulent misrepresentation” against the manufacturers of No-Hide dog treats.
The lawsuit – open to “All persons who reside in United States who, from June 12, 2017, to the present, purchased any Earth Animal No-Hide Chews” – was filed October 12, 2020.
The foundation of the lawsuit alleges that Earth Animal No-Hide dog chews are actually rawhide, and the company knew it was misleading consumers.
Quoting the suit: “for the negligent, reckless, and/or intentional practice of manufacturing, misrepresenting, and failing to fully disclose the presence of rawhide (a hide or animal skin that has not been exposed to tanning) and in fact promising there was no rawhide at all in their No-Hide dog chews (hereafter “Alleged No-Hide Chews”).”
“Defendants intentionally omitted the presence of rawhide and the related contaminants and risks it causes in order to induce and mislead reasonable consumers…“
“Despite Defendants’ claims that the Alleged No-Hide Chews are rawhide-free, two
analyses have revealed the opposite: the Alleged No-Hide Chews do indeed contain rawhide.”
“On July 14, 2017, a leather chemist, Waldo Kallenberger, Ph.D., analyzed two Alleged No-Hide Chews, and found that “given the size, thickness, and physical structure of the ‘bone’ material in this ‘No-Hide’ product, the material is absolutely rawhide split material.” Dr. Kallenberger, after inspection of the Alleged No-Hide Chews, further concluded that “such a material of this size with this size fibers…could only come from a large animal skin.”
“A recent study was published in a well-respected academic journal, which blindly analyzed the histology of rawhide-containing and rawhide-free dog chews. According to Defendants, one of their products, a No-Hide chew, was included in the study and was found to contain rawhide, contrary to Defendants’ labeling claims that it was rawhide-free.”
Not discussed in this lawsuit is the evidence provided in Freedom of Information Act, such as…
Pennsylvania Department of Agriculture testing of No Hide dog treat revealed an impossible to explain nutrient change in the treat from a raw (dough) product to a finished product. And the regulatory authorities as well discovered trailers full of VERY similar looking (to No Hide) rawhide products imported from China on the manufacturing facility premises. Other testing evidenced performed by Pennsylvania confirmed an almost identical nutrient analysis of No Hide dog chews to the Chinese imported treats. (To read this evidence, Click Here.)
The lawsuit contains multiple Counts against Earth Animal No Hide, including:
Count V “Fraudulent Misrepresentation Against Defendants Individually and on Behalf of the Class”
“Defendants knew their representations about the Alleged No-Hide Chews were misleading and false because the Alleged No-Hide Chews contained rawhide along with other non-conforming ingredients such as chemicals, hormones, steroids, and other ingredients that do not conform to the packaging claims.”
Count VI “Fraudulent Concealment or Nondisclosure Against Defendants Individually and on Behalf of the Class“
“Plaintiff and the members of the Class would not have purchased the Alleged NoHide Chews at all had they known omitted and nondisclosed information.”
“Defendants fraudulently concealed and wrongfully omitted material facts they had a legal duty to disclose to Plaintiff and the members of the Class regarding the Alleged No-Hide Chews.”
Personal Opinion: This is another instance of pet owners being forced to depend on lawyers because regulatory fails us. Unfortunately, lawyers seek accountability AFTER damage is done. Proper enforcement of law could prevent damage and death of our pets. This lawsuit was filed because FDA and Pennsylvania Department of Agriculture chose to ignore mounds of concerning evidence.
(One of the regulatory authorities from Pennsylvania Department of Agriculture that failed consumers in this investigation is Ms. Erin Bubb; she will be President of AAFCO next year, 2021.)
In a simple search of import records, we found that Pony Express Foods (company that manufactures No-Hide dog treats for Earth Animal) imported more than 2 million pounds of rawhide dog chews from China in just one year. (Click Here to view.) Why didn’t regulatory authorities do the same import records search and require a full explanation from the manufacturer of No-Hide to what they are doing with 2 million pounds of rawhide from China?
There are many more questions that regulatory could have demanded explanation to…but they didn’t.
It is my opinion that regulatory authorities should be held accountable and sued for their failures just as manufacturers are held accountable in lawsuits such as this one. Perhaps then more care would be taken in their investigations.
One more quote from the lawsuit:
“Consumers, such as Plaintiff and the Class members, had no way to determine the
Alleged No-Hide Chews were made of ingredients different from what Pony Express and the packaging and labels claimed.”
This is absolutely true. How would a consumer know? We mistakenly believe regulatory authorities are enforcing law and protecting our pets.
And the above quote further confirms the need consumers have for lawyers that are seeking enforcement of law on their behalf. Without doubt, selective enforcement of law by regulatory authorities is rampant and incredibly dangerous for our pets. Thanks to lawyers, we have some hope for a safer pet food/treat future.
To read the full lawsuit, Click Here.
To join this class action lawsuit or for more information about the lawsuit, contact:
| LOCKRIDGE GRINDAL NAUEN P.L.L.P. Robert K. Shelquist Rebecca A. Peterson 100 Washington Avenue South, Suite 2200 Minneapolis, MN 55401 Telephone: (612) 339-6900 E-mail: rapeterson@locklaw.com rkshelquist@locklaw.com |
Wishing you and your pet(s) the best,
Susan Thixton
Pet Food Safety Advocate
TruthaboutPetFood.com
Association for Truth in Pet Food
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Heather Krygier
July 6, 2021 at 8:49 am
I buy these for my 3 dogs all the time because I believed they were safe. I also don’t purchase anything made from outside the USA especially with everything going on these days. I’m so very disappointed. I’m actually dealing with my dogs throwing up and having severe diarrhea from giving them the “No Hide” bagels for the first time. Guess I know why they are all sick!
Aleta
September 15, 2021 at 1:25 am
I am truly disgusted! I have purchased these no hide chews for YEARS from a health food store for pets. I am mortified that I have been giving these to my dogs and angry at the audacity of a company to misrepresent what they sell. Why?
Cully
September 30, 2021 at 12:06 pm
My dismay at discovering that these have ingredients from China along with the obvious obfuscation of THAT fact has me seriously concerned for the safety of my precious dog. Not to mention that I bought them from a local high end pet store that claims to know their products. Regardless of their recommendation, I went over the packaging with extreme care, yet I was totally mislead. Examples: “The Healthy Alternative to Rawhide” and “Proudly hand-rolled in Lancaster County, PA”. Appalled!
Sue Tomkus
January 9, 2022 at 7:47 pm
THIS pisses me off! How does Pennsylvania Department of Agriculture, Ms. Erin Bubb, explain this?!!! How does a company order and receive 2 MILLION pounds of something (ESPECIALLY FROM CHINA) without the Department of Agriculture knowing about it?!!!!! The Owners, CEO’s, and COO’s of Earth Animal should be brought up on charges. This is completely unacceptable! I bought these things for my dogs because I believed they were rawhide free, just like everyone else who was duped into buying this product.
Elizabeth
January 29, 2022 at 8:49 pm
So, curious what happened w/the lawsuit? Seems these products are still available for purchase on Amazon. I see the lawsuit was filed 10/2020. Anyone know the outcome?
Susan Thixton
January 30, 2022 at 9:20 am
To my knowledge, the lawsuit is still ongoing.
Gina Richi
May 7, 2022 at 8:03 am
My dog got violently sick, 2 hospitalizations because of these treats from China that they do not disclose!! They lie and cheat and kill. 3,000 dollars in vet bills. Turns out she got Fanconi’s Syndrome which is kidney failure due to jerky treats made from China. 11 vets didn’t figure it out! I did! The last vet I saw said she had extremely high sugar in her urine. But her blood sugar was low. I googled that symptom and Fanconi’s came up. I paid 300.00 to have her tested by Penn State. They confirmed it. Fanconi’s. By the grace of God my dog is alive today. Be careful pet parents. We are being lied to!!
Larry
July 7, 2022 at 5:04 pm
Any updates on the lawsuit?
Has Earth Animal addressed the issue with their “No Hide Chews”. Are they being manufactured in any different way?
They are still for sale in pet stores including high end ones.
Susan Thixton
July 8, 2022 at 9:18 am
I have not heard any updates – sorry.
Amelia Zimmaro
February 5, 2023 at 7:34 pm
Any current updates on this? When I checked the Earth Animal website, the notice from the CEO seems very convincing. The products are still being sold.
https://earthanimal.com/blog/2020/10/26/our-side-of-the-story-an-opinion-piece-from-stewart-shanley-earth-animals-chief-executive-officer/
Tona Smith
March 10, 2024 at 8:26 pm
I have been buying these chews from Pet Supermarket for my schnauzers and my granddog which is a golden . She was given a chew Friday and has been having vomiting and diarrhea . I have some that I had bought for this Easter I will be going to the store to see if I can return them and provide this information ! I am extremely upset we do not give our dogs rawhide . I pray my granddog will be ok she will be seeing the vet first thing in the morning. I will be joining the class action suit ! These pets are our family and to think I might have harmed my granddog is extremely upsetting