Cat food class action alleges several brands contain harmful TiO2, PFAS

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Cat food class action lawsuit overview:

• Who: Plaintiff Robin Humphrey filed a class action lawsuit against The J.M. Smucker Co.
• Why: Smucker allegedly labels its cat food products as being healthy even though they expose pets to harmful titanium dioxide and per- and polyfluoroalkyl substances.
• Where: The cat food class action lawsuit was filed in California federal court.

The J.M. Smucker Co. misleadingly labels some of its cat food brands as being healthy even though they expose pets to toxic chemicals, according to a class action lawsuit filed Nov. 4 in California federal court.

Plaintiff Robin Humphrey claims that 9Lives, Kibbles ‘n Bits and Meow Mix cat foods contain titanium dioxide (TiO2), which has reportedly been banned in several nations due to its toxicity.

The cat food class action lawsuit points out that the European Food Safety Authority released a report in 2021 finding TiO2 was not considered safe for consumption by humans or animals.

In addition to the harmful TiO2 allegedly contained in Smucker’s cat food products, the packaging allegedly contains per- and polyfluoroalkyl substances (PFAS) that also pose health risks. 

PFAS, also known as “forever chemicals,” tend to accumulate in the body and can therefore be harmful even at low levels, the cat food class action lawsuit claims. These “forever chemicals” can reportedly cause various health problems, including cancer, liver damage and immunotoxic effects.

Class action says Smucker knew of health risks but failed to warn consumers

Humphrey claims that Smucker employs food scientists, packing engineers and others who focus on food safety, nutrition and pet food packaging suitability. Therefore, Smucker should have known about the health risks associated with TiO2 and PFAS, she alleges.

“Nonetheless, [Smucker] sells pet food containing TiO2 and PFAS, abusing the public’s trust and failing to inform consumers of the implications of consuming the toxins,” the class action lawsuit says.

Humphrey says she has purchased Smucker’s cat food products numerous times after reviewing the labeling, packaging and marketing materials and trusting that the cat food was healthy for animal consumption.

Had she known that the Smucker cat food products contained TiO2 and the packaging contained PFAS, she would not have purchased the products or would have purchased them on different terms, the class action lawsuit alleges.

What do you think of the cat food class action lawsuit’s allegations that the products expose pets to harmful chemicals? Join the discussion in the comments.

Humphrey is represented by L. Timothy Fisher, Sean L. Litteral and Jonathan L. Wolloch of Bursor & Fisher PA.

The Smucker class action lawsuit is Robin Humphrey v. The J.M. Smucker Co., Case No. 1:22-cv-06913, in the U.S. District Court for the Northern District of California.

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