Champion Petfoods is staring down more potential class action litigation in which a consumer alleges the company has misrepresented and failed to fully disclose the presence of heavy metals and other toxins in its dog foods.
Filed in New York against Champion Petfoods USA, Inc. and Champion Petfoods LP, the 66-page complaint argues that “nowhere in the labeling, advertising, statements, warranties, and/or packaging do [the defendants] disclose that the contaminated pet foods … contain levels of arsenic, mercury, lead, cadmium, and/or bisphenol A (‘BPA’).” The lawsuit further chides Champion Petfoods for claiming, among other boasts, that its dog foods are made with protein sources that are fit for human consumption when the heavy metals supposedly found within the foods are toxic to pets and humans alike.
From the suit:
“Based on these false representations, [the defendants] charge a premium, knowing that the claimed natural make-up of the Contaminated Dog Foods (as well as all of the other alleged false and/or misleading representations discussed herein) is something an average consumer would consider as a reason in picking a more expensive dog food. By negligently and/or deceptively representing, marketing, and advertising the Contaminated Dog Foods as natural, fit for human consumption, fit for canine consumption, natural, and made from ‘Biologically Appropriate’ and ‘Fresh Regional Ingredients’ consisting entirely of fresh meat, poultry, fish, and vegetables, [the defendants] wrongfully capitalized on, and reaped enormous profits from, consumers’ strong preference for natural pet food products.”