CHICAGO — Pet owners have filed a class-action lawsuit against Champion Petfoods USA Inc. and Champion Petfoods LP, alleging that they misrepresented and failed to fully disclose the presence of heavy metals and toxins in their pet food.
The plaintiffs are alleging breach of express warranty, breach of implied warranty of merchantability, negligent misrepresentation, fraud and violations of Illinois Consumer Fraud and Deceptive Business Practices Act, among other charges.
Afshin Zarinebaf and Zachary Chernik filed a complaint on behalf of a class of similarly situated individuals on Oct. 16, in the U.S. District Court for the Northern District of Illinois Eastern Division.
“This case had been initially filed in California and dismissed for lack of personal jurisdiction,” said Champion attorney David Coulson. “This is essentially a copycat complaint related to those filed in other jurisdictions. Champion intends to vigorously defend itself in the litigation, and believes there's no merit to these claims factually or legally.”
The plaintiffs allege that between April 2006 and September 2018, Afshin Zarinebaf and Zachary Chernik on separate but multiple occasions purchased dog foods relying on the defendants' nutritional claims and were unaware that the dog foods contained any level of heavy metals, chemicals, or toxins and would not have purchased the food if these were fully disclosed.
The plaintiffs hold Champion Petfoods USA Inc. and Champion Petfoods LP responsible, because the defendants allegedly knowingly misrepresented, concealed, or failed to disclose the dog foods’ true quality, ingredients and suitability for consumption by dogs.
The plaintiffs request a trial by jury and seek an order enjoining the defendants from selling the contaminated dog foods in any manner suggesting or implying that they are healthy, natural, and safe for consumption.
They further seek for restitution and disgorgement, declaratory relief, actual and statutory damages, punitive damages, attorneys’ fees and costs, including the costs of the pre-suit investigation.
They are represented by Katrina Carroll and Kyle Shamberg of Lite Depalma Greenberg LLC in Chicago, Joseph J. Depalma and Susana Cruz Hodge of Lite Depalma Greenberg LLC in Newark, N.J. and Robert K. Shelquist and Rebecca A. Peterson of Lockridge Grindal Nauen P.L.L.P. in Minneapolis and others
U.S. District Court for the Northern District of Illinois Eastern Division Case number 1:18-cv-06951