Costco Class Action Lawsuit Alleges Dog Food Not ‘Grain Free’ As Advertised

Costco faces a class action lawsuit from consumers who claim Kirkland’s Diamond pet foods are misleadingly marketed as “grain free.”

Despite being marketed as “grain free” and containing “limited ingredient[s],” Diamond pet food products sold under Costco’s Kirkland brand allegedly contain “cheap fillers.” According to plaintiffs Bradley Shaw and Thomas McCarthy, consumers wouldn’t have purchased the products if they were aware of the allegedly false advertising.

Independent testing done by the plaintiffs allegedly revealed that the Kirkland products contained “material amounts of wheat” in contrast to the advertising statements. Although the exact testing method or details about how much wheat was found in the products were not disclosed by the plaintiffs, the purchasers note that their testing used the “industry standard” DNA testing to detect the wheat levels.

“By any scientific standard, the wheat found within the Kirkland Products is greater than trace. The inclusion of wheat in a product labeled as ‘grain free’ is material to Plaintiffs, the Class, and to reasonable consumers,” the plaintiffs contend in their Diamond pet foods class action lawsuit.

Shaw says he purchased Kirkland Nature’s Domain Puppy Chicken and Pea Formula quarterly for his puppy based on representations that the products were “grain free” and had “limited ingredient[s].” Although Shaw stopped purchasing the products after his puppy died tragically in late 2019, he says he was financially injured by overpaying for the products based on false advertisements.

McCarthy tells a similar story about how he purchased Kirkland Nature’s Domain Chicken and Pea Formula for Dogs between 2018 and 2019 for his dog. Like Shaw, McCarthy reportedly purchased his dog food based on representations that the Diamond pet foods were grain free and of high quality. Also like Shaw, McCarthy says he wouldn’t have purchased the products had he known the truth.

Many consumers look for grain-free food options for their pets for a variety of reasons. Some dogs may have a digestive sensitivity to grains in their foods while other pets may have skin conditions that can be provoked by grain ingredients.

Other consumers may have their own reasons for purchasing grain-free food for their animals. Regardless of the reason why, reasonable consumers allegedly assume that they will get grain-free pet food when they seek out and pay for products advertised as “grain free.”

According to the Diamond pet foods class action lawsuit, consumers pay a premium price for products marketed as “grain free.” However, if the representations are found to be false, they may have overpaid for the products. The plaintiffs contend this is exactly what happened with the Kirkland products — consumers like themselves paid a premium price only to get a lesser-value product.

“Pet owners who purchase ‘grain free’ and ‘limited ingredient’ products pay a premium in order to alleviate their pets’ allergies or to provide various health benefits,” the Diamond pet foods class action lawsuit alleges. “If these products disclosed the truth […] then these pet owners would no longer pay such a premium.”

Because they overpaid for the Diamond pet foods, the plaintiffs argue they and other consumers were financially injured.

The plaintiffs seek to represent a Class of consumers who have purchased Diamond pet foods since Nov. 3, 2016. They also seek to represent two subclasses of the same consumers who made purchases in Washington and New York, respectively. The products included in these Classes are Kirkland Nature’s Domain Puppy Chicken and Pea Formula and Kirkland Nature’s Domain Chicken and Pea Formula for Dogs.

On behalf of themselves and the proposed Class, the plaintiffs ask the court for injunctive relief and court orders which would force Costco to properly label their Kirkland products with true and not misleading statements. According to the plaintiffs, this relief would allow them and other consumers to purchase Kirkland pet food in the future without worrying about the advertisements’ truthfulness.

The plaintiffs also seek monetary relief in the form of compensatory damages, statutory damages, punitive damages, restitution, interest, court costs and attorneys’ fees.

Did you purchase Diamond pet foods thinking the Kirkland products were “grain free?” Share your thoughts in the comment section below.

The consumers and proposed Class are represented by Beth E. Terrell, Jennifer Rust Murray, Benjamin M. Drachler and Ryan Tack‐Hooper of Terrell Marshall Law Group PLLC; Alex Straus and Lisa A. White of Greg Coleman Law PC.

The Costco Diamond Pet Foods Class Action Lawsuit is Shaw, et al. v. Costco Wholesale Corp., et al., Case No. 3:20-cv-06078, in the U.S. District Court for the Western District of Washington.

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