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Consumers allege Big Heart Pet Brands pet food not all natural as advertised

Lawsuits

By Jenie Mallari-Torres | Jan 19, 2019

General court 4

ROCHESTER, N.Y. (Legal Newsline) – Two New York consumers have filed a class-action lawsuit against a pet food manufacturer over allegations it falsely advertises its products are natural.

Theresa Acquard and Tom Butler filed a complaint individually and on behalf of all others similarly situated on Jan. 7 in the U.S. District Court for the Western District of New York against Big Heart Pet Brands Inc. alleging violation of New York general business law.

According to the complaint, the plaintiffs allege that the defendant falsely represents that its dog and cat foods are all natural. They allege the defendant's products contain non-natural, artificial and/or synthetic ingredients including sodium tripolyphosphate (STPP), synthetic vitamins and minerals, citric acid and lactic acid. The suit states the defendant manufactures the Nature's Recipe brand.

The plaintiffs hold Big Heart Pet Brands Inc. responsible because the defendant's allegedly false and misleading natural representations purportedly have resulted in public harm or consumer injury.

The plaintiffs request a trial by jury and seek judgment against the defendant; certify class action; declaratory and injunctive relief; statutory, compensatory, incidental, or consequential damages; equitable monetary relief; costs and expenses of suit; attorneys’ fees; and further relief as the court may deem just. They are represented by Michael R. Reese of Reese LLP in New York and Benjamin Heikali of Faruqi & Faruqi LLP in Los Angeles.

U.S. District Court for the Western District of New York case number 1:19-cv-00050

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U.S. District Court for the Western District of New York Rochester Division

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