Disclosure: Darwin’s Pet Food has been on my annual ‘List’ of pet foods I trust to give my own pets for many years. The company sources human grade ingredients and provides verification to that. As long as the company continues to be transparent with me (and pet owners), provides me all verification documents, they will remain on my List of pet foods I trust to give my own pets.
The FDA has opened a big can of worms.
The United States Justice Department – on behalf of the FDA Center for Veterinary Medicine – has filed a complaint “seeking to permanently enjoin” (force to stop manufacturing) Darwin’s Pet Food company.
Why is the US DOJ doing this?
In part the DOJ complaint states “unless enjoined [Darwin’s Pet Food] will continue to violate, 21 U.S.C. § 331(a) by introducing or causing to be introduced, or delivering or causing to be delivered for introduction, into interstate commerce, articles of pet food that are adulterated within the meaning of 21 U.S.C. § 342(a)(4).”
In other words, the FDA seeks to shut down Darwin’s Pet Food alleging the company has repeatedly sold adulterated pet food – and unless they are legally prevented (enjoined) from manufacturing pet food the company will continue to do so.
“Every American pet owner deserves confidence that the food they feed their animals is safe and will not pose health risks to their families,” Timothy Schell, Ph.D., director of FDA’s Center for Veterinary Medicine.
The complaint discusses Darwin’s manufacturing history from 2017 through 2025.
With this action, the FDA appears to be taking a very strong stance against what they believe are ‘repeat offenders’.
Speaking of repeat offenders…
Within the same time frame (2017 through 2025), below are recalls issued by some other repeat offenders (more frequent offenders than Darwin’s).
Smuckers
7/3/20 – JM Smucker Natural Balance – canned – elevated levels of choline chloride.
12/5/19 – JM Smucker/Special Kitty Cat Food – can – not disclosed.
2/14/18 – Smuckers (Gravy Train, Kibbles n Bits, Skippy) – can – pentobarbital.
12/7/18 – JM Smucker 9 Lives – wet/canned – low thiamine.
1/03/17 – JM Smucker 9 Lives, EverPet, Special Kitty – can – low thiamine.
1/06/17 – JM Smucker 9Lives, EverPet, Special Kitty – can – low thiamine.
If FDA is truly interested in protecting the public (as the lawsuit claims), then pet owners should expect another enjoinment action to be filed against the JM Smucker company.
Sunshine Mills
11/2/18 – Natural Life (manufactured by Sunshine Mills) – dry – excess Vitamin D.
11/2/18 – Nutrisca (manufactured by Sunshine Mills) – dry – excess Vitamin D.
11/6/18 – Orlando Brand (manufactured by Sunshine Mills) – dry – excess Vitamin D.
11/9/18 – Natural Life Pet Products (manufactured by Sunshine Mills) – dry – excess Vitamin D.
11/27/18 – Sunshine Mills – dry – excess Vitamin D.
11/28/18 – ANF Pet Foods (manufactured by Sunshine Mills) – dry – excess Vitamin D.
11/29/18 – Elm Pet Foods (manufactured by Sunshine Mills) – dry – excess Vitamin D.
12/5/18 – Abound (Kroger) (manufactured by Sunshine Mills) – dry – excess Vitamin D.
12/5/18 – Abound (King Soopers and City Market stores) (manufactured by Sunshine Mills) – dry – excess Vitamin D.
8/26/20 – Sunshine Mills Nature’s Menu – dry – Salmonella.
9/3/20 – Sunshine Mills Family Pet, Heartland Farms, and Paws Happy Life – dry – aflatoxin.
7/29/21 – Sunshine Mills (Triumph, Evolve, Wild Harvest, Nurture Farms, Heart to Tail, and Elm pet food) – dry – aflatoxin.
6/4/21 – Sunshine Mills (Sportsman’s Pride, Sprout, Intimidator, and FRM Gold Select) – dry – Salmonella.
Again, based on this FDA precedent – pet owners should expect another enjoinment action to be filed against Sunshine Mills, a proven repeat offender.
The FDA/DOJ Complaint regarding Darwin’s Pet Food cites a very significant federal law as foundation for their enjoinment action; the Federal Food Drug and Cosmetic Act definition of an adulterated food (“21 U.S.C. § 342(a)(4)”). Specifically, the legal action quotes “342(a)(4)” – “A food shall be deemed to be adulterated- (4) if it has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health. “
Using this new FDA precedent, there are more repeat offenders to consider. Pet Food ingredients are also considered pet food.
Based on the EXACT same law, we can assume that all rendering facilities will soon be enjoined too. In no uncertain terms, the following examples of rendering company images are pet food ingredients “held under insanitary conditions whereby it may have become contaminated with filth”.
And rendering companies are certainly repeat offenders, producing pet food ingredients for decades in the same insanitary, filthy conditions.
Since the FDA has opened the can of worms (established the legal precedent of forcing closure of repeat violators in pet food), there is another law to consider. 21 U.S.C. § 342(a)(5). Adulterated Food: “(5) if it is, in whole or in part, the product of a diseased animal or of an animal which has died otherwise than by slaughter.”
Because the FDA should not publicly evidence the agency is bias in any way (which would evidence mismanagement of federal funds and abuse of power), based on the precedent FDA just established by attempting to enjoin Darwin’s, pet owners should expect perhaps hundreds of other enjoinment actions to be filed against every pet food manufacturer that sources rendered ingredients, sources diseased animals and animals that have died other than by slaughter.
Unless the FDA is going to confirm to the public they are openly bias and abusing their power, within the next few days, pet owners SHOULD see DOJ/FDA filings against many pet food repeat offenders.
But if we don’t…
The FDA Center for Veterinary Medicine will evidence to everyone (including members of Congress and the Government Accountability Office) the agency is abusing its authority, mismanaging federal funds and not consistently enforcing law across the pet food industry.
If we don’t promptly see multiple enjoining cases filed in federal courts against the many repeat offenders in pet food, we will file a formal complaint with the Government Accountability Office providing undeniable evidence the FDA Center for Veterinary Medicine is in violation of their official duties.
Susan Thixton
Pet Food Consumer Advocate
TruthaboutPetFood.com
Association for Truth in Pet Food
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ImahSillyGirl
August 13, 2026 at 10:58 am
I’m looking at YOU, HILLS🤬
Carole
August 14, 2026 at 2:32 pm
Hills — phfftt! Our first two Miniature Schnauzers came from a top breeder in the U.S. She advised in no uncertain terms to never feed the dogs Hills. And we didn’t.
Heather D
August 13, 2026 at 11:15 am
So now they’re eliminating truly healthy options for pets. I shouldn’t be surprised because they are poisoning human food anyway.
springer LOVER
August 13, 2026 at 11:21 am
Hills, Mars and all the rest of the conglomerates that have Zero concern or EXPERIENCE about overall animal health AND buying up private Vet Hospitals as well. Criminal!
ParadisedivaCat
August 13, 2026 at 11:48 am
It’s all a set up this way! It’s deliberate! FDA and all the above are sleeping together! They just keep up the façade that they have to recall every so often to act and look like they care. But they don’t! They love it this way! It keeps everyone in business! From Food companies to Veterinarians and pharmaceuticals! It could never run this good for the FDA and all the above if all pets was healthy! They do it to humans as well! Welcome everyone to Satans little Season! It’s almost over!
T Allen
August 13, 2026 at 12:11 pm
OMG! Which brain dead idiot released that info? I’m betting that gets walked back really fast. On the good news front, if they don’t, the lawsuit will make front page news even in this current environment and everyone will know what’s in the toxic garbage being sold as pet food. We’ll have to set up a Go Fund Me for Darwin’s but the long term results might be the break we’ve been waiting for!
Bethany
August 13, 2026 at 12:28 pm
I know this is not the point of the piece, but I contacted Darwin at least a handful of times over the years and have continually found them to be unforthcoming and unhelpful. Trying to get answers from them was like pulling teeth. It always felt like they were being less than transparent, so I never trusted them enough to use them. Perhaps my instincts were right. A good company extends beyond ingredient sourcing.
Denise
August 14, 2026 at 5:55 pm
I recently had to contact Darwins several times as we were doing an elimination diet for my dog who was experiencing some thyroid issues. They were extremely helpful and even asked for me to followup with our results.
Sandy Stutz
August 13, 2026 at 1:10 pm
Good work as always, Susan. I would be SHOCKED if they went after the biggest offenders, but one can always hope. God bless and love to all pets. 💕
Laura Benassi
August 13, 2026 at 4:19 pm
I believe all the big hedge fund companies are putting the pressure on to close down the independent human grade manufacturers. The corruption is real in our government especially with the current administration. Thank you Susan for everything you do!
Jeanice Barcelo
August 13, 2026 at 4:47 pm
Ah yes, the Fraud and Death Administration engaged in its satanic activities and working overtime to deliberately cause harm to our pets.
Nothing new under the sun. The creatures responsible for all of this evil need to be expelled from the earth. Permanently.
Paul
August 14, 2026 at 10:10 am
The so-called empire in terminal decline. Brazen disregard, a giant middle finger to the peasants are becoming the norm. They don’t even try to hide the corruption. Sadly, pet “food” is just one tiny piece of a truly gigantic jigsaw puzzle. At the minimum we all should support Darwin’s with our purchase. They do need our support. How can we demand high quality food for our pets and turn our backs when a company doing just that comes under attack by the obedient lap dogs, we call government?
Carole
August 14, 2026 at 2:28 pm
I think I threw up in my mouth a little, just looking at the pictures of filthy and putrid pet “food” ingredients. I can imagine the stench that hovers over such garbage. If we can’t trust the pet food companies to be truthful, the only alternative is to make our own. I have an excellent book on how to do just that, but I’m very hesitant to make anything but an occasional dinner treat for my doggo. I would need to have a reliable source of supplements to add to her food, and I’m not confident of that.
Thank you, Susan, for your persistence in your research. You’re like a Bull terrier — you never let go!
🐶
Denise
August 14, 2026 at 6:05 pm
This makes me so sad for Darwins. My 14-year-old dog was on their food for 10 years and my 5 year old dog was on it his whole life up until recently*. They are SO healthy. My 14 year old dog has the energy of a much younger dog and no one can believe how old she is. Unlike all of my friends’ dogs on the grocery store junk whose dogs are fat and sedentary and die shortly after hitting double digits.
If the worst happens and they get shut down, I hope it can at least be a precedent that results in a huge crackdown in the industry. Sadly, I don’t have a lot of confidence that it would end up that way.
* I had to switch my dogs to another food recently because my senior dog developed food-induced hyperthyroidism. Even though their ingredients are human-grade, their processing facility isn’t and doesn’t have the same strict guidelines about thyroid material making it into the food. My old lady became sensitive to it, so we had to switch to fully human-grade food (Viva). But that’s a special case, and I still feel a lot of loyalty toward them.
Debora Caponi
August 27, 2026 at 1:52 am
I’ve been feeding Darwin’s Natural Selections to my happy and healthy 14 year-old dog since he was a pup. My only complaint has been their constant price increases. I anxiously await the outcome of this action. We must fight for an honest, transparent, and level playing field across all pet-food manufacturers. Thank you, Susan, for continuing to lead the way.