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Consumer alleges Big Heart Pet Brands, J.M. Smucker guilty of false marketing

By Robbie Hargett | Jan 19, 2016


SACRAMENTO, Calif. (Legal Newsline) – A Placer County, Calif., woman is suing pet food companies, alleging they misrepresented certain products as being made in the United States.

Susan Fitzpatrick, individually and for all others similarly situated, filed a class action lawsuit Jan. 11 in the Sacramento Division of the U.S. District Court for the Eastern District of California against Big Heart Pet Brands and the J.M. Smucker Co., alleging violations of California's Unfair Competition Law and Consumer Legal Remedies Act.

The suit says the defendants labeled their "Milo's Kitchen" brand of dog and cat treats as made in the U.S. when, in fact, these products contain ingredients sourced outside the U.S. 

Fitzpatrick and others in the class seek a jury trial, actual and punitive damages, monetary relief, interests, attorney fees and costs of the suit. They are represented by attorneys John E. Norris, D. Frank Davis, Wesley W. Barnett, Courtney L. Peinhardt and Dargan M. Ware of Davis & Norris in Birmingham, Ala., and by attorney Benjamin P. Tryk of Tryk Law in Fresno, Calif..

Sacramento Division of the U.S. District Court for the Eastern District of California Case number 2:16-CV-00063-JAM-AC

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