Instinct Dog Food Is Not Preservative-Free as Advertised, Class Action Alleges

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A proposed class action lawsuit claims that Instinct Pet Foods wrongfully advertises that its Original Real Recipe, Raw Meals, and Raw Boost Mixers dog foods are free of preservatives, given that the products contain synthetic ingredients.

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The 21-page false advertising lawsuit contends that Instinct dog kibble recipes contain two synthetic ingredients, tocopherols and citric acid, that are considered preservatives under the Code of Federal Regulations. Per the lawsuit, the synthetic ingredients are present in the Instinct dog food despite the prominent product-label representations that emphasize that the foods are “Made Without … Artificial Preservatives” and contain “Nothing Artificial,” among similar claims.

Specifically, the complaint alleges that the Original Real Recipe dog foods made by Instinct contain tocopherols and citric acid, while the Raw Meals and Raw Boost Mixers varieties contain tocopherols. 

Under the Code of Federal Regulations, the case says, synthetic or chemical preservatives are defined as “any chemical that, when added to food, tends to prevent or retard deterioration thereof, but does not include common salt, sugars, vinegars, spices, or oils extracted from spices, substances added to food by direct exposure thereof to wood smoke, or chemicals applied for their insecticidal or herbicidal properties.”

Though there are natural variants of tocopherols and citric acid, the suit asserts that the natural forms of the ingredients are not used by Instinct and any representations otherwise are false.

In the case of citric acid, the complaint outlines that “virtually all” citric acid used in commercial food products made in the United States is made through a multi-step fermentation and composition process. The suit maintains that the citric acid extracted from this process is a result of synthetic manufacture, not natural deviation, and is thus considered a “chemical preservative.”

With tocopherols, the case relays that synthetic tocopherols are created in laboratories through a series of chemical reactions that have a different molecular structure and biological efficacy from natural tocopherols, but still provide protection against the degradation of fats in foods.

According to the complaint, both of these substances have been recognized by authorities as synthetic preservatives, including in numerous publications from the Food and Drug Administration and from private-industry organizations like the American Association of Feed Control Officials.

As such, the lawsuit argues that consumers who prefer to purchase foods that are free of synthetic ingredients for themselves and their pets have been misled into believing that Instinct dog food is preservative-free, and often pay a price premium for the product.

The Instinct Pet Foods class action lawsuit seeks to represent all consumers in California who purchased any Original Real Recipe dog foods, Raw Meals dog foods, and Raw Boost Mixers dog foods made by Instinct within the four years prior to the filing of this complaint on March 9, 2026.

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