The lawsuits detailed on this page have been voluntarily dismissed without prejudice.
One plaintiff said the dismissal of her case is not part of any compromise or resolution of the dispute with PetSmart.
The plaintiffs’ notices of voluntary dismissal can be found here and here.
PetSmart, Inc. faces at least two proposed class actions that allege the retailer’s sale of certain hemp seed oil and soft chews is unlawful given the products have not met federal Food, Drug & Cosmetic Act (FDCA) requirements nor received FDA approval.
Centering respectively on Only Natural Pet Hemp Seed Oil with Krill and Cod Liver and Only Natural Pet Hemp Calming Support soft chews, the 33-page lawsuits say one product helps support healthy inflammatory, immune and cardiovascular functions in pets while the other can help manage stressful situations such as vet or groomer visits. According to the complaints, the products’ packaging and PetSmart’s advertising and marketing make clear that the hemp oils and soft chews are “intended to treat, mitigate, or prevent disease and/or are intended to affect the structure or any function of the body” within the meaning of the FDCA.
In order to be marketed legally, however, a new animal drug must have an approved new animal drug application, conditionally approved new animal drug application or a listing on the Index of Legally Marketed Unapproved New Animal Drugs for Minor Species, the lawsuits relay. Moreover, under the FDCA, new animal drugs that lack necessary approval or index listing are considered “unsafe” and “adulterated,” and their introduction into interstate commerce is prohibited, the cases say.
According to the lawsuits, the hemp products are neither approved by the FDA nor indexed and are therefore considered unsafe under the FDCA.
“For these reasons, the Product is an unapproved new animal drug and cannot lawfully be sold,” the suits read, alleging that PetSmart, as a distributor, “was aware of and disregarded” the law when advertising, marketing and selling the hemp products.
The plaintiffs assert neither they nor any other consumer was informed by PetSmart that the hemp products could not legally be sold given their apparent status as unapproved new drugs.
“Defendant intended for Plaintiff and putative Class Members to be misled,” the complaints allege.
Initially filed in Broward County Circuit Court, the lawsuits have been removed to Florida’s Southern District, Ft. Lauderdale Division.
The complaints can be found below.
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