In dismissing a plaintiff’s claims regarding dog food ingredients, the U.S. District Court for the Eastern District of Wisconsin confirmed the common-sense principle that manufacturers need not list anything and everything that could have possibly made it into a product as an “ingredient.”
In Weaver v. Champion Petfoods USA Inc., et al., case no. 18-cv-1996-JPS, a Wisconsin resident claimed that Champion Petfoods USA Inc. and Champion Petfoods LP deceptively marketed their dog food products. The plaintiff took issue with multiple characteristics of defendants’ products, including that the product packaging stated the dog foods adhered to a “biologically appropriate nutritional philosophy,” were made with “fresh” and “regional” ingredients, and were “never outsourced.” The plaintiff asserted claims for fraud by omission, negligence and violation of the Wisconsin Deceptive Trade Practices Act. The defendants moved for summary judgment.
“Biologically Appropriate”
The plaintiff contended that defendants deceptively marketed their products by stating their dog foods were made with a “biologically appropriate nutritional philosophy.” According to the plaintiff, this phrase indicated to consumers that the products did not contain Bisphenol-A (BPA), which the plaintiff argued was in the products.
Continue reading “Deceptive Labeling Claims Based on Trace Amounts Sent to the Dog House”