BROOKLYN, N.Y. (Legal Newsline) – A class action lawsuit has been filed against Simply Nourish Pet Food Co. LLC and Petsmart Inc., accusing them of false marketing.
Alexa Grossman led the class that alleged the “defendants’ claims that the products are “natural” are “false, deceptive, and misleading because the products contain non-natural, synthetic ingredients,” according to the lawsuit filed March 30 in the United States District Court for the Eastern District of New York.
The plaintiffs claim they bought the products under the notion that they were natural, as the packaging claims. They say they paid top-dollar for the items that are priced much higher than competitors who don’t tout the “natural” feature.
“Given that plaintiff and class members paid a premium for the products based on defendants’ misrepresentations that they are ‘natural,’ plaintiff and class members suffered an injury in the amount of the premium paid,” the lawsuit alleges.
They accuse the defendants of infringing on the New York General Business Law sections 349 and 350 and the Magnuson-Moss Warranty Act.
Plaintiffs are represented by Jason Sultzer of the Sultzer Group of Poughkeepsie, New York, and Melissa Weiner and Joseph Bourne of Pearson, Simon and Warshaw of Minneapolis.
United States District Court for the Eastern District of New York case number 2:20-cv-01603-KAM-ST