The consumer class action lawsuit against Wellness Pet Food continues. Here are the details.
As typical with any lawsuit, the company being sued tries to convince the judge the claims against them are false. Wellness Pet Food tried to convince the judge the lawsuit against them was not a valid case…(Wellness is defendant)…
Defendants challenge all three of named plaintiffs’ standing to bring their claims. Standing addresses the constitutional requirement that a plaintiff allege a case or controversy, which at an “irreducible minimum,” requires three elements: “(1) an injury that is (2) fairly traceable to the defendant’s allegedly unlawful conduct and that is (3) likely to be redressed by the
requested relief.”
But Wellness lost this claim, the judge ruled that “A quintessential injury-in-fact occurs when plaintiffs allege that they “spent money that, absent defendants’ actions, they would not have spent. Plaintiffs’ claims are premised on their allegations that were it not for defendants’ labeling, which omit the presence of lead, arsenic, and BPA in their Products, plaintiffs would not have purchased and spent money on their Products.”
Personal opinion: This ruling is good for all pet owners. There are MANY things that most pet owners are unaware of – such as the pet food being sourced from diseased animals and non-slaughtered decomposing animals – that they would NOT spend money on if they knew. Who would buy a pet food if they knew it contained waste ingredients? No one. The deception is how many pet food companies stay in business. But maybe that deception will soon be challenged in another courtroom.
What the plaintiffs lost and won are explained in this document: Click Here.
The above action led to the Plaintiffs submitting an amended complaint. Quotes from that are below.
Second Amended Class Action Complaint against defendant WellPet LLC (“Defendant”), for its negligent, reckless, and/or intentional practice misrepresenting and failing to fully disclose the presence of dangerous substances and chemicals in its pet food sold throughout the United States.
The specific brands of Pet Food listed in the complaint: “Wellness® CORE® Adult Dry Ocean Whitefish, Herring Meal and Salmon Meal (“CORE Ocean”); Wellness® Complete Health Adult Dry Whitefish and Sweet Potato (“Complete Health Whitefish and Sweet Potato”); and Wellness® Complete Health Adult Grain Free Whitefish and Menhaden Fish Meal.”
Plaintiffs’ testing of the Contaminated Dog Foods showed that CORE Ocean consistently contained over 1,000 ppb of arsenic and close to 200 ppb of lead; Complete Health Whitefish and Sweet Potato consistently contained over 1,000 ppb of arsenic and over 200 ppb of lead; and Complete Health Whitefish and Menhaden also contained more than 1,400 ppb of arsenic and approximately 200 ppb of lead.
Some foods, like rice and sweet potato, have been determined to absorb arsenic in water during cooking and therefore increase exposure.
Defendant has wrongfully advertised and sold the Contaminated Dog Foods without any label or warning indicating to consumers that these products contain arsenic or lead, or that these toxins can over time accumulate in the dog’s body to the point where poisoning, injury, and/or disease can occur.
Defendant’s omissions are not only material but also false, misleading, and reasonably likely to deceive the public. This is true especially in light of the long-standing campaign by Defendant to market the Contaminated Dog Foods as healthy and safe to induce consumers, such as Plaintiffs, to purchase the products. For instance, not only did Defendant choose a brand name for its dog food, “Wellness,” that in itself suggests a healthy product, it markets the Contaminated Dog Foods by promising “Uncompromising Nutrition” and “Unrivaled Quality Standards”
Moreover, both CORE Ocean and Complete Health Whitefish and Sweet Potato contain material and significant levels of BPA—an industrial chemical that “is an endocrine disruptor.”
To read the full lawsuit complaint, Click Here.
Wishing you and your pet(s) the best,
Susan Thixton
Pet Food Safety Advocate
Author Buyer Beware, Co-Author Dinner PAWsible
TruthaboutPetFood.com
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Manny
October 10, 2018 at 10:30 am
Awesome work and another example as to why consumers need to abondon the pet food industry. Outside of the honest kitchen, I can’t think of any that seem trustworthy. I’m sure there’s others but it’s a short list
Amy
October 10, 2018 at 10:42 am
This is huge! Look at all the other companies who don’t disclose heavy metal levels – clearly that stuff is toxic! “They” need to get in line and get ready to get sued – kibble is killing pets!
Deb
October 10, 2018 at 1:16 pm
Thank you so much for this update, and indeed for ALL you do.
Mike
October 10, 2018 at 2:00 pm
Thank you for your help exposing contents in so many dog/cat foods. I may just have to start preparing my own.
samiswan
October 10, 2018 at 2:29 pm
Susan, thank you AGAIN for your hard work in keeping us informed. Dealing with chronic illness, I miss a lot of vital information. I depend upon you as my solid source on this issue, because trust is in very short supply in the pet food (feed) industry.
If I win the lottery, you are definitely getting an endowment!
Eveann bonomo
October 10, 2018 at 3:03 pm
Where can you get your dog food tested?
Susan Thixton
October 10, 2018 at 3:04 pm
Any vet school has labs that could test pet food.
Kathy Elamon
October 10, 2018 at 4:10 pm
How can I be a part of this class action. I use to feed the Wellness white fish sweet potatoe and my Pom was diagnosed with heart issues 4 years ago.
Pam
October 10, 2018 at 4:46 pm
Is there a TAPF article that precedes this one, announcing the original lawsuit? If so, when published and title? I’ve searched clear back through all of 2016 & cannot find. Thanks.
Susan Thixton
October 10, 2018 at 5:37 pm
Hi Pam – no, I don’t think I did report on the initial lawsuit. I try to monitor all of the lawsuits in pet food, but miss some. I’m lucky that pet owners alert me to many. But I did miss this original suit.
Zac Chernik
October 10, 2018 at 7:47 pm
Wellness was first filed back in 7/2017
https://www.truthinadvertising.org/wp-content/uploads/2017/07/Zeiger-v-Wellpet-complaint.pdf
Linda G Degler
October 10, 2018 at 8:09 pm
What is the BEST dry dog food you can buy? For Health & Nutrition????
Michael jones
October 10, 2018 at 8:18 pm
Sorry to hear this have had nothing but good luck with Wellness. I fed my Great Danes Big Breed, always good stools, straightened up one rescue with runny stools, no stomach problems, they all loved it. All gone now lived pretty good years for the breed, 9 for one, 10 for another and 12 yrs. for the old girl. Now have a 4 yr old Labradoodle (previously my daughters) started out by her on several other so called high end Kibbles and none seemed to work as he has a sensitive stomach. I put him on Wellness Turkey and Potato adding boiled chicken and some rice, which has worked very well. Very seldom upchucks now and his stools are great. Hearing this is a bummer to me. It does sound like this is limited to the fish type. I sure hope you keep us informed about this. Since I am fairly close to NC State I plan on having this tested. Thanks for your work.
Shirley
October 10, 2018 at 9:02 pm
Would this also apply to cat food from Wellness?
Susan Thixton
October 10, 2018 at 9:19 pm
I don’t know – you’d need to contact the law firm about that.
Peter
October 11, 2018 at 7:12 am
Wellness is a “super premium” pet food that has problems like any pet food made through a contracting agreement. I’ve had several problems with Wellness cat foods and now to the point where I don’t bother complaining to the Wellpet any longer, because they do not respond, and nothing is resolved. Wellpet will call you in response to a letter, but is determined to extinguish the “conversation” in that way, and never put anything in writing. The communication will drop if you are unwilling to conduct it via telephone. As with any co-packing arrangement, Wellness brands will have issues of content, and most common, “end of run” problems wherein the consumer will get cans mostly filled with water, or, even contaminants from other “runs.” Consumers need to consider the cost per pound they would be spending when compared to processed “premium” pet foods: a 5.5 ounce can @ nearly $2 really translates into more than $6 a pound… yet most consumers wouldn’t consider buying “meat”/ingredients at that cost.
I’m pleased to see this kind of litigation, as it seems fair that consumers be aware of what we are paying for under ordinary circumstances, how little knowledge we have of the manufacturing process, and seemingly, how little power we have to control the recklessness and duplicity of many pet food manufacturers.
Donna
October 11, 2018 at 10:48 am
What are we to do ? I spend a hefty amount if money in pet food for 2 small breed dogs nine who is 8years (Sully ) one who mhn just turned 6 months old ( Docker) one 10 bvb year old cat ( Church )
I am thinking I am buying the best. Ecauae I do read labels. I spend hefty amounts on what I think is good quality food, toys, comfort items for them to be liked to mislead .
My children are grown gone my animals are my babies they are my reason to go for lo ont wal lm s they are my reason to smile
Victoria
January 4, 2019 at 1:08 am
Okay I’m having a hard time decipher what is true vs not…spending so much time researching….there are claims supposedly against Arnca, Orjien, A Taste of the Wild….so what dog food is even good at this point! It’s driving me insane I don’t know if these are false claims but these are all top rated dog food that now has issues…littler have spent hours every day looking at Canidae…Victors….Holistic…Fromm… Wellness…Hills…ugh I’m getting frustrated
BW
June 21, 2020 at 11:44 am
I was in the same boat and did the same thing. I’ve settled on Sport Dog Food and Instinct Original … I almost always make my own topper food in a crockpot. I use spinich, green beans, brocolli, chicken and/or ground beef/turkey, tuna & eggs. I make the dogs meals 1/3 of Sport Dog, 1/3 Instinct, and 1/3 real food. They seem to do really well on this food and they are now 5 years old.
Dianne Shatin
July 13, 2020 at 7:14 pm
I am so sickened by people that would knowingly injure/kill pets that hide under the cloak of a brand name previously established by animal loving, caring, moral individuals. Never, ever are judgements by judges in these cases sufficient punishment for the crime. And ‘consumers’, dog or other pet parents spend very hard earned money (extortion) to find high quality food for their pets. Truly folks, at minimum this “company” should be compelled to shut down; not declare bankruptcy, but to close down for starters. All of these years they have milked the Brand to fill their coffers at the expense of the lives of pets and hard owned dollars of their owners. What can be done? I have no clue anymore what kibble to feed my dog…. who to believe? Hey Chewy, why are you still selling there food?