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The Nutro Company and Mars Inc. have agreed to settle a class action lawsuit alleging they violated New Jersey law by improperly labeling and selling its Ultra brand dog food and dog treats with a “Guaranteed Analysis” regarding the amount of Bacillus they contained. If you purchased Ultra brand dry dog kibble or dog biscuits that had a label indicating a “Guaranteed Analysis” of the amount of Bacillus species they contained, you may be entitled to benefits from the class action settlement.
Plaintiff Damian Monteleone filed the class action lawsuit in December 2013, alleging the defendants manufactured, marketed and sold a variety of dog food products that included a “Guaranteed Analysis” regarding the Bacillus species, even though the dog food products were allegedly incapable of forming live Bacillus. The Nutro Ultra class action lawsuit alleged the Bacillus guarantee is false and misleading, and that the products with the Bacillus guarantee were not worth the price consumers paid for them.
Nutro and Mars do not admit liability, but they have agreed to settle the Nutro Ultra labeling class action lawsuit to avoid the burden and expense of continued litigation. They removed the Bacillus guarantee from the Ultra dog food in June 2009 and from the Ultra dog treats in April 2011.
UPDATE: On Nov. 15, 2016, Top Class Actions viewers who submitted timely and valid claims for the Nutro Ultra class action settlement started receiving checks worth as much as $2! Congratulations to everyone who got PAID!
Who’s Eligible
Class Members of the Nutro Ultra settlement include all persons in the United States (excluding California residents) who purchased the following Ultra brand dry dog kibble between April 1, 2007 and June 30, 2009, or Ultra brand dog biscuits between April 1, 2007 and April 30, 2011 that contained a “Guaranteed Analysis” regarding the amount of Bacillus Species contained therein:
- Ultra Adult Dry
- Ultra Large Breed Adult Dry
- Ultra Large Breed Puppy Dry
- Ultra Puppy Dry
- Ultra Senior Dry
- Ultra Small Breed Adult Dry
- Ultra Weight Management Dry
- Ultra Adult Biscuits
- Ultra Puppy Biscuits
- Ultra Senior Biscuits
- Ultra Weight Management Biscuits
Potential Award
Class Members who submit claims may choose to receive one of the following benefits (the actual value of the benefits claimants receive may be reduced on a pro rata basis):
$2 in cash. Class Members may elect to receive a check worth $2.00 from the Nutro Ultra class action settlement.
$5 gift certificate. Class Members may elect to receive a $5.00 gift certificate that can be used to purchase Nutro products.
Donation worth $5. Class Members may elect to donate $5.00 worth of the defendants’ dry kibble product to animal shelters and/or animal charities.
NOTE: Class Members who file claims for the Nutro Ultra class action settlement must indicate that they saw and relied upon a “Guaranteed Analysis” that included a reference to Bacillus when they purchased the product.
Proof of Purchase
N/A
Claim Form
Claim Form Deadline
10/18/2015
Case Name
Damian Monteleone v. The Nutro Company, et al., Case No. 2-14-cv-00801-ES-JAD, in the U.S. District Court for the District of New Jersey
Final Hearing
12/7/2015
Settlement Website
Claims Administrator
Ultra Dog Food Class Action
c/o GCG
P.O. Box 35100
Seattle, WA 98124-1100
info@UltraDogFoodSettlement.com
FAX: 206-876-5201
Class Counsel
John H. Donboli
DEL MAR LAW GROUP LLP
Defense Counsel
David F. Forkner
WILLIAMS & CONNOLLY LLP
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19 thoughts onNutro Ultra Dog Food Class Action Settlement
It made my dogs sick
I want the $2.00 check
It made my dogs sick
Recieve a $5.00 coupon
Received $5 coupon today in Kansas
UPDATE: On Nov. 15, 2016, Top Class Actions viewers who submitted timely and valid claims for the Nutro Ultra class action settlement started receiving checks worth as much as $2! Congratulations to everyone who got PAID!
Received $2 check in Illinois
Got $2 check, NJ. No longer have dog. Will donate to Animal Center.
Got that $2.00 today