Hill’s Pet Nutrition facesmore potential class action litigationover the revelation that some of its canned dog food may contain potentially fatal amounts of vitamin D. The lawsuit, filed in California, charges that Hill’s Pet Nutrition has not only sold products that are toxic to dogs, but that its decision to issue a sweeping recall was “unreasonably delayed” despite the fact that it possessed knowledge that the products were not fit for pets’ consumption.
From the suit:
“Based on Defendant’s various affirmations of fact and purportedly ‘clinically proven’ effectiveness, consumers across the country pay a premium for the Products, believing they are tailored to the specific needs of their dogs and safe for pet consumption.
Additionally, based on Defendant’s representations and affirmations of fact set forth above, veterinarians prescribe Hill’s Prescription Diet Products to dog owners who need specialty food.
However, the Products were not safe, as they had dangerously elevated levels of vitamin D that have proven to be toxic and even lethal.
Excessive vitamin D poses substantial and unreasonable risks to dogs. As set forth above, Defendant itself recognized in recalling a subset of its Products, ‘elevated levels of vitamin D’ can cause symptoms such as ‘vomiting, loss of appetite, increased thirst, increased urination, excessive drooling, and weight loss,’ and can lead to ‘serious health issues in dogs including renal dysfunction and failure and death.’”
In addition to monetary damages, the plaintiff asks the court to injunctively order Hill’s Pet Nutrition to identify all of its products that may contain elevated levels of vitamin D through comprehensive testing to ensure the affected products are removed from the market.