Purina sues Blue Buffalo for using a by-product ingredient but recent court documents state Purina used the same ingredient from the same supplier. And a recent court decision dismisses misleading advertising claims; bad for consumers.
On May 6, 2014 Purina filed a lawsuit against pet food rival Blue Buffalo for false and misleading advertising. A few days later (May 14, 2014) Blue Buffalo counter sued Purina with a false and misleading advertising lawsuit. On June 15, 2016 consumers learned that Judge Rodney Sippel dismissed many of Purina’s claims for false advertising against Blue.
From Reuters: “A federal judge in Missouri has dismissed the bulk of Nestle Purina Petcare’s false-advertising case against rival pet-food maker Blue Buffalo, finding most its claims of consumer deception at times “border on frivolous.”
One significant excerpt from Tushnet.com (legal information website): “Family Favorite Recipes: Mom’s Chicken Pie, Shepherd’s Pie, Backyard BBQ, Turkey Day Feast, and Turducken flavors have photos on the product labels depicting the traditional title dish, allegedly misleading consumers into thinking that the can contains human-grade meals comprised of identical ingredients and ratios of ingredients as those in the traditional dish, in combination with the “family favorite recipes” tagline.”
“The court found these allegations to “defy credulity. No reasonable consumer would expect these cans of dog food to
contain whole turkeys, turduckens, or pies. Nor would any reasonable consumer believe that the Family Favorite Recipes’ references to traditional American meals mean that the same, human grade ingredients are in the cans of dog food.”
The above is a very concerning statement from a federal judge. For Judge Sippel to allude that consumers are not “reasonable” if they believe pet food labels is bad, bad, bad for consumers. Why have pet food labeling laws meant to prevent misleading labeling if a judge dismisses those laws? While the decision could have been made because both pet food brands were making misleading image claims, it remains a disservice to pet food consumers.
In another court document of the original Purina versus Blue Buffalo trial filed June 17, 2016, Blue Buffalo makes some enlightening statements. From the Preliminary Statement of Blue Buffalo’s Opposition to Nestle Purina’s Motion to Dismiss (bold added): “After years of concealment, Nestlé Purina’s Vice President of Purchasing has admitted under oath that his company procured and used the same Wilbur-Ellis “chicken meal” that Blue Buffalo purchased—and, thus, that Nestlé Purina’s own products were mislabeled for the same reason that Blue Buffalo’s were. Blue Buffalo has already acknowledged its inadvertently inaccurate statements and agreed to make restitution to affected consumers. Nestlé Purina, however, will apparently stop at nothing to avoid taking responsibility.” (Full document provided below.)
That is a big question answered. When it was announced that Blue Buffalo had purchased inferior chicken by-product meal included in their pet foods sold as chicken meal, consumers questioned who else did Wilbur-Ellis sell to? Turns out – it was Purina.
[gview file=”https://truthaboutpetfood.com/wp-content/uploads/2016/06/BluePurinalawsuitupdate.pdf”]
While Purina and Blue Buffalo fight each other, while a judge decides misleading images are not misleading, while ingredient suppliers lie to pet food manufacturers, and while pet food manufacturers don’t quality check those ingredients – consumers and pets are being cheated. Where’s the judge standing up for consumers and their pets?
Wishing you and your pet(s) the best,
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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Sue Meigs
June 19, 2016 at 7:35 pm
While not re-reading this for clarification… I thought that the lawsuit against Blue was due to an analysis by Purina that resulted in ingredient list not matching actual contents. This just sounds like it was regarding bag art… Which we KNOW can be misleading.
Susan Thixton
June 19, 2016 at 8:17 pm
It was – that’s part of the misleading label issue. BB stated chicken meal on their label when it was actually chicken by-product meal. False statement on labels.
Scott Bailey
May 28, 2017 at 8:53 am
Not true. I work for the rendering plant that makes the chicken meal for BB and chicken by product meal for Purina. It is 2 different things.Chicken By product is made from the organs, head, feet, guts, blood, basically anything that we wouldn’t eat from a chicken. Chicken meal is chicken breast, wings, Skins. Creating higher protein and moisture and lowering fat and ash. Chicken meal is sold at a much higher price and is sold to only Blue Buffalo where I work.
Sue
June 19, 2016 at 8:58 pm
I literally just shake my head. When will they “get it”? I really am losing faith in the systems both U.S. and Canada. Where is the justice for the animals that have perished due to the food that these companies are making, and as a pet owner, where is the justice for us? Anyway, I thank you for all you do Susan and for keeping up the fight for us as consumers. 🙂 Thanks from Victoria, BC
Thinking of you Susan.
Sandra
June 21, 2016 at 5:34 am
I shake my head, too. The name Wilbur Ellis rang a bell so I searched some of my saved articles and, briefly, the Internet. They were the suppliers of the melamine-laced Chinese wheat gluten that killed so many dogs and cats in 2007. I also recall reading about Wilbur Ellis buying a big piece of the sheep (lamb? mutton?) supply business in Australia or New Zealand (the source of a lot of lamb in U.S. pet foods), then a couple more about them buying poultry/poultry by-product meal and other meal plants in Texas and the southeastern U.S. Finally, there was a note from 2014 on an industry news type website that mentioned their concentration on product safety and quality assurance in recent years. Yet, both companies in the lawsuit above claim they didn’t know the meal they were using for years, which came from Wilbur Ellis, contained by-products. The suit says it was mislabeled as chicken meal. Who can we believe? Are they going to sue Wilbur Ellis? Do they care?
Joan Harrigan
June 19, 2016 at 9:17 pm
Unbelievable! I’m now feeding Acana, from a company that I at least think I can trust.
Leannan
June 19, 2016 at 10:20 pm
Joan Harrigan- yeah no, under the FREEDOM OF INFORMATION ACT manifests from Champion Foods imports into Australia are available online. They show that adulterated chicken, processed IN THE UNITED STATES, was used in their products. Champion is/makes Acana and Origen. Champion’s marketing at that time gave the same impression it does now. Wholesome, local etc.The manifests are from years ago, when cats in Australia were becoming partially paralyzed after eating Champion products.
I’ve posted that link and excerpts in TAPF comments section at least once, I’m on a friend’s iPad right now and I don’t know how to copy and paste.
Jude
June 19, 2016 at 10:33 pm
Our daughter adopted a young adult dog and has been feeding it Orijen. The dog is staying with us for the time being and I’d like to know why this supposedly excellent food is not on your list. Doesn’t the company care about your hard work or does it not want to disclose where it gets some of its ingredients? This is very concerning to me.
I have great respect for your hard work and your determination to continue to work against such enormous odds. We subscribers need to work hard to get more people involved with your struggles. The majority of my friends love their dogs but have no vested interest in what they feed their beloved pets and I’m at a loss to understand why. It’s very discouraging.
Pet Owner
June 19, 2016 at 10:34 pm
This Country is no longer interested in Truth.
Truth-Seekers are not valued. Investigative journalism is gone. The FOIA is tempered. Politicians and News Analysts are at war with one another. Meanwhile regular folks are afraid to speak their mind. It might be unpopular. I’m guessing Missouri is a big Ag-Business (pet food manufacturing) State. So challenging big business practices could jeopardize jobs. And careers. And retirements. Who would do that during an Election year. And hey, this only about pet food and animals right. Like who cares. A few people who’ve taken a seriously ill pet to the Emergency Vet and stayed all night. Having to make the decision to let a companion go. These concerns are frivolous” because they’re somebody’s else’s. And why would a Judge of all people care about upholding the principle of Truth. Why bother when the entire Country doesn’t care. If we’re even interested in daily affairs then we’ve got the “News They Choose” to tell us what to think.
So if you think it’s bad now, just wait.
Jude
June 19, 2016 at 10:38 pm
Leannan, I guess you’ve answered my question that is awaiting moderation. Argh!
Pet Owner
June 19, 2016 at 10:56 pm
Regarding Champion Foods and Australia had to do with irradiating PF which that Country required. I believe they discovered the irradiating was depleting a specific nutrient that cats require. Certainly not an intentional oversight but a combination of circumstances.
I used to use Orijen for YEARS on a dog that lived to be nearly 17 yrs. All was going well until they changed the recipe from 70/30 to 80/20, and my dogs couldn’t digest it anymore. They could never explain, until I figured it out. They’ve been asked to return the Pledge to Quality and Origin, and agreed to it, but never have. That’s why they’re not on the preferred list.
Kris Hanson
June 20, 2016 at 2:49 am
I purchased your list but didn’t see I-Vet on your list that we get from our veternarian for our dogs. Is this food on the good list or is it quesitonable. We were told by our vet when big problems first started that a bunch of vets got together and came up with this formula. Just wanted to know. Thank you for all that you do for our pets.
T Allen
June 20, 2016 at 12:05 pm
IVET is 3.5 stars. http://www.dogfoodadvisor.com/dog-food-reviews/ivet-dog-food/ Plant based protein (not preferred for dogs). You can do a lot better probably for the same money. Pick a 5 star food and supplement it with vegies if you have to keep the cost down. IVET is a money making product for your vet, it’s not a good dog food.
I use Honest Kitchen base mix called Preference for Vit/Min and add a whole human grade meat-chicken, turkey, porl, beef, lamb etc. Both the dog and cat and doing wonderfully and I have a friend with a dog that was allergic to a lot of foods on this diet that is now healthy and looks fantastic. Good luck!
Jude
September 9, 2016 at 5:29 pm
We are now feeding our Rottie girl Honest Kitchen exclusively. She’s a Sato dog that had somehow found herself living on the street in P.R. She is now getting great, nutritional food and we supplement it with fresh veggies, which she has begun to love.
We are feeding Honest Kitchen with many thanks to Susan’s List for introducing it to us.
Nina Wolf
June 20, 2016 at 5:15 am
Frivolous. It is FRIVOLOUS for a consumer to expect an accurate label. If we are reasonable, we should EXPECT deceitful marketing. OK, then, I expect deceitful marketing. Everyone else out there, every consumer, needs to know that this is the stance our courts and regulatory agencies are taking: the bag has nothing to do with the product inside, and by the way, nobody is going to enforce laws about what is allowed to be inside either.
If everyone knew this, and stopped believing the huge myth that pet food is regulated and labels have some relationship with reality, maybe we’d all stop buying pet feed. Imagine the effect if every pet feed consumer just stopped buying their feed (and their lies) for 3 months. 3 months of zero sales because we are all sick of the situation. Well, a girl can dream.
Cheryl Mallon-Bond
June 20, 2016 at 8:09 pm
Nina,
I wish “your dream” could become a reality! The truth of the matter , as you know, is hitting them where it hurts , in their bottom line, their profit margins! If a boycott like that could happen, it would make a HUGE statement & change would follow.
My dream, was that there could be a way for a consumer driven/owned company, that manufactured a “plain label” pet food line. All the ingredients would be excellent and the lack of fancy labeling & advertising would allow it to be sold at a reasonable & affordable price points. Putting all the money into quality ingredients verses frivolous labeling & advertising could allow that to happen.
I certainly have no idea of a business plan of how this could all come together, and made a reality, but, I think it is a great idea, nonetheless.
Could you even imagine how we could then take back our consumer power!, send the conglomerates stocks plummeting, while keeping our pets safe & healthy!
Like you mentioned…. “a girl can dream!”
Leannan
June 20, 2016 at 7:25 am
I realize, now, that my reply was not well structured. Yes irradiation caused the partial paralysis, I’m sure that was not intentional. The point I didn’t make clear was that the manifest (legal document) didn’t match their marketing. Also, The manifest was heavily (the way I perceived it) heavily, redacted.
Cheryl Mallon-Bond
June 20, 2016 at 7:50 pm
It is ridiculous for this judge to think that “the majority” of people understand labeling on pet (feed or food). Most rely on advertisement of these foods when making their decisions on what to purchase. I too, once thought, that seeing cut’s of meat, vegetables, etc, were what was actually in the food/feed’s ingredients, and I do not consider myself to be a stupid person, by any means. Now, of course, I am educated on the issue; that of course, is because of many many hours of reading all these posts from Susan & other animal health advocates. Just like all of us, who regularly read this information & educate ourselves, I believe we are a small percentage of people comparatively to the “average consumer”. For a judge to rule that the “average Petfood consumer” would know the differences of what is pictured, and/or described, verses the reality of what ingredients actually are in the product, is a gravely ignorant opinion & subsequent ruling on his behalf.
Maybe what needs to be done to get the point across to decision makers, is a wide spread polling of “the average pet food/feed consumer” asking simple questions in regards to what the wording & pictures of a label of pet food/feed convey’s to them. Then, there could be no question as to what the “average pet food/feed consumer” thinks. Maybe that would help change laws, because at this point “they” are going on what “they” THINK consumers take away from viewing labels, whether the wording, or graphics depicting cut’s of meat, vegetables etc.
Could this somehow be feasible to conduct this type of survey on a huge widespread basis, in order to help advance the cause of changing pet food laws & regulations?
Pingback: Blue Buffalo Recall History
Bob
September 9, 2016 at 4:33 pm
Darling International, another supplier of chicken meal to Blue Buffalo, recently admitted their chicken meal actually contains some or all chicken by-product meal. See case 4:14-CV-00859-RWS Doc # 911 Filed 7/21/16.
Elizabeth
October 13, 2016 at 8:04 pm
I attended the Fairness Hearing in May 2016. The judge basically had his mind made up that he was going to uphold the settlement. As for the plaintiff’s attorneys, they might as well have been on Blue Buffalo’s side. They were more interested getting the case done and over so that they could get their fees and move on.
http://youtu.be/3slRaMrCYYE
Scott Bailey
May 28, 2017 at 8:41 am
I work at a rendering plant that supply’s the chicken meal to these company’s. If you were to see what I see at this plant, You would never feed your dogs this food. The smell, guts, heads, blood everywhere. This isn’t fresh either. It sits out for days and grows high levels of h2s and the maggots are unreal. I am currently making a movie about the truth behind Blue Buffalo.
Lars Ericsson
August 2, 2017 at 4:36 pm
Saddened when reading all this …
As a consumer, where can you find the real thruth ?
LarsE
Peppi Pea
November 19, 2017 at 9:57 pm
Goodness gracious! The system has FAILED the animals AGAIN!