The Del Mar Group, LLP took on Nutro Pet Food in San Diego Superior court. “The case alleged that Nutro misled consumers by claiming that its dog food products contained live Bacillus microbials.”
From the ‘Complaint’…
“2. The representation that Defendants’ dog food products are a source of live microbial spores is false and misleading under California and federal law.”
“11. Defendants manufacture, market, and/or sell dog food products that have printed on the product packaging a Guaranteed Analysis pertaining to Bacillus species (i.e., colony forming units).”
“12. On information and belief, during the relevant four-year statutory time period, Defendants’ dog food products were incapable of forming live Bacillus species once ingested.”
“17. When Plaintiff, and Class Members, purchased dog food products from Defendants, they saw and relied upon the information set forth in the “Guaranteed Analysis” to make their purchasing decision, which is typical of most California consumers, and they were deceived as a result of Defendants’ actions. Plaintiff believed at the time she purchased the Ultra dog biscuits that the dog biscuits were capable of forming the millions of CFU of Bacillus as represented.”
“18. Plaintiff suffered an “injury in fact” because Plaintiff’s money was taken by Defendants as a result of Defendants’ false claims set forth on the offending product through Defendants’ normal retail channel(s) and because she purchased a product she genuinely believed was capable of forming millions of CFU of Bacillus. Essentially, the dog food products are not worth the purchase price paid. The precise amount of damages will be proven at time of trial.”
To read the complaint, Click Here. To read the brief statement by Del Mar Law Group of this law suit, Click Here.
Wishing you and your pet(s) the best,
Susan Thixton
TruthaboutPetFood.com
Association for Truth in Pet Food
Pet Food Safety Advocate
Author Buyer Beware, Co-Author Dinner PAWsible
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