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
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,
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