Champion Petfoods Can’t Escape Toxic Dog Food Class Action

A California federal judge recently ruled that Champion Petfoods USA must face class action claims that their Acana and Orijen dog food contains dangerous toxins.

U.S. District Judge David O. Carter denied Champion’s bid for dismissal – finding that plaintiffs Jennifer Reitman and Carol Shoaff sufficiently alleged their claims that Acana and Orijen dog food contains arsenic, mercury, lead, cadmium, and BPA despite claims that the food doesn’t contain anything “nature did not intend for your dog to eat.”

Although Judge Carter recognizes that the validity of the plaintiffs’ claims still remains undetermined, he ruled that the proposed Champion Petfoods class action lawsuit can continue.

“The court agrees that plaintiffs have adequately pled facts that, taken as true, from a plausible claim that Champion made actionable false, misleading, or otherwise deceptive statements regarding the nature and quality of their pet food,” Judge Carter wrote in his ruling.

Reitman filed the Champion dog food class action lawsuit in March 2018, claiming that the manufacturer’s packaging and advertising were misleading considering the alleged toxins in their products.

The Acana, Orijen class action brings various claims including violations of California’s Consumer Legal Remedies Act, California’s False Advertising Law, and California’s Unfair Competition Law.

In her Champion Petfoods class action, Reitman seeks to represent a California Class of consumers who have purchased Acana and Orijen dog foods from Champion Petfoods since July 2013.

Reitman amended the class action twice since filing, including when she added plaintiff Shoaff to the lawsuit in October. A month after this addition, Champion filed a motion to dismiss the claims.

The pet food company claimed that the chemicals and heavy metals found in their Acana and Orijen dog food brands are at low levels which cannot cause harm to animals. Champion also argued that the plaintiffs failed to determine at what level heavy metals and BPA become dangerous to pets.

Although Rietman and Shoaff successfully kept their Champion Petfoods class action afloat with this recent ruling, plaintiffs around the country have not had the same luck.

On the same day, a Wisconsin federal judge dismissed a similar class action regarding toxins in Champion dog food. The judge found that plaintiffs in the Wisconsin suit failed to show that the toxins allegedly found in the food were harmful to dogs. Just last month, class action lawsuits in Illinois and Massachusetts reached the same bitter end.

Reitman is represented by Rebecca A. Peterson, Robert K. Shelquist and Krista Freier of Lockridge Grindal Nauen PLLP; Kevin A. Seely and Steven M. McKany of Robbins Arroyo LLP; Daniel E. Gustafson, Karla M. Gluek and Raina C. Borrelli of Gustafson Gluek PLLC; Charles LaDuca, Katherine Van Dyck and Brendan Thompson of Cuneo Gilbert & LaDuca LLP; Joseph DePalma, Susana Cruz Hodge, Nicholas R. Lange and Steven J. Greenfogel of Lite DePalma Greenberg LLC; Daryl D. Andrews of Andrews DeValerio LLP; Samuel J. Adams and Gustavo F. Bruckner Adams of Pomerantz LLP; and Conrad B. Stephens of Stephens & Stephens LLP.

The Champion Petfoods Toxic Dog Food Class Action Lawsuit is Reitman, et al. v. Champion Petfoods USA Inc., et al., Case No. 2:18-­cv-­01736, in U.S. District Court for the Central District of California.