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Federal Judge throws out Pet Food Class Action Law Suit

A Nevada Judge denied a motion for Class Action Law Suit that could have held pet food manufacturers accountable for pet food labels.

A Nevada Judge denied a motion for Class Action Law Suit that could have held pet food manufacturers accountable for pet food labels.

Walmart’s Old Roy Pet Food proudly states “Made in USA” on the label. However, as pet owners discovered after the deadly 2007 pet food recall, Old Roy Pet Food’s label stating ‘Made in USA’ didn’t mean the pet food ingredients originated in the USA. Pet owners learned the hard way that Old Roy Pet Foods imported tainted vegetable protein ingredients from China; melamine laced ingredients responsible for thousands of pet deaths. ‘Made in USA’ can’t be taken literally when it comes to pet foods.

A group of pet owners felt the “Made in USA” statement on the pet food label was misleading, a Nevada woman was one that helped initiate the law suit alleging that Old Roy illegally labeled their pet foods. Sadly, a Nevada judge dismissed the case stating in his decision that the law requires the plaintiffs to prove that each person who bought the tainted pet food did so because it was labeled “Made in USA.”

Walmart’s lawyers, happy that U.S. District Judge Philip Pro dismissed the case, stated a pre-emptive motion is “particularly potent,” because it can eliminate exposure early on. http://www.law.com/jsp/article.jsp?id=1202429158860&pos=ataglance

Although attorneys representing pet owners are considering appeal, pet owners are left with…
• If you purchase a pet food or treat whose label states ‘Made in USA’, you have to knowingly purchase said product strictly because of the ‘Made in USA” claim.
• If a pet food or treat states ‘Made in USA’, said pet food or treat is ONLY ‘made in’ USA; please don’t confuse ‘made’ with ‘made in’.

Pet owners should NOT have to interpret any pet food label. If a dog food or cat food states ‘Made in USA’, we shouldn’t have to wonder if Chinese imports were shipped into the USA, are included in this pet food, and if they might harm our pet. ‘Made in USA” used to mean something; sadly it become a marketing trick that even Federal Courts don’t respect.

 

Wishing you and your pet(s) the best,

Susan Thixton
Pet Food Safety Advocate
Author, Buyer Beware
Co-Author Dinner PAWsible
TruthaboutPetFood.com
PetsumerReport.com

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