Noticing the wave in popularity in consumer “all natural” products, big corporations are also making similar claims with regards to pet foods to increase profits. Similarly, to human food products, when it is discovered that pet foods contain synthetic ingredients rather than advertised “all natural” ingredients, consumers who paid a premium price may be entitled to financial compensation. To that effect, The Sultzer Law Group recently took on Simply Nourish Pet Food Company LLC (“Simply Nourish”) and Petsmart, Inc. (collectively “Defendants”) for falsely advertising its pet food as being made from “natural ingredients” when it contained synthetic ingredients.
Judge Kiyo A. Matsumoto in the Eastern District of New York found that Plaintiffs sufficiently pleaded that Defendants may have violated New York General Business Laws pertaining to misleading advertising since a reasonable consumer could have inferred based on Defendants’ representation that its pet food products were made with natural ingredients. Specifically, the Court held that it was reasonable for a consumer to have inferred that a product marketed as “all natural” was all natural and that including “added vitamins and minerals” does not mean such additives would not have been all natural as well. The Court also found that Defendants breached an express warranty to consumers since the products were advertised as “natural” and in fact included synthetic ingredients.What does this mean for you? Big companies who market pet food as “all natural” will also be held accountable for selling anything but that when marketed as such to consumers. As consumers become more educated about the food they eat and demand more health-conscious food products for themselves, they also demand the same for their pets. Courts acknowledge that when marketing a product as “all natural” the consumer pays a premium price for the healthier product and applies the same standard when pet food advertisements are found to be false or misleading. If you have recently purchased pet food at a premium price believing it was made with all-natural ingredients, do not hesitate to contact our team at (800) 552-0265 to learn more.