Merrick Pet Care class action claims pet food falsely advertised as natural

Merrick Pet Care class action lawsuit overview: 

• Who: Gabriel Herter filed a class action lawsuit against Merrick Pet Care Inc. 
• Why: Herter claims Merrick Pet Care falsely advertises many of its pet food products as “natural.” 
• Where: The Merrick pet food class action lawsuit was filed in New York federal court. 

A new class action lawsuit alleges Merrick Pet Care falsely advertises many of its pet food products as “natural.” 

Plaintiff Gabriel Herter’s class action lawsuit claims the pet foods marketed by Merrick Pet Care as “natural” actually contain multiple synthetic ingredients, including xanthan gum, pyridoxine hydrochloride and thiamine mononitrate, among others. 

Herter argues the inclusion of the synthetic ingredients in the “natural” pet foods means Merrick Pet Care markets them in a “systematically misleading manner.” 

“As a result of its deceptive conduct, Defendant violates state consumer protection statutes and has been unjustly enriched at the expense of consumers,” the Merrick pet food class action claims.

Herter wants to represent a nationwide class and New York subclass of consumers who purchased Merrick Pet Care pet food products for personal, family or household consumption. 

Reasonable consumers expected ‘natural’ products to be free of synthetic ingredients, class action says

Herter argues reasonable consumers would understand the labeling used by Merrick Pet Care on its “natural” products to mean they only contained natural ingredients, and not any synthetic substances. 

“Defendant’s labeling and advertising puts forth a straightforward, material message: the Products contain only ingredients that are natural,” the Merrick pet food class action says. 

Merrick Pet Care also falsely advertised the products in an effort to capitalize on the “growing market” for natural products, knowing “health-conscious pet owners” are willing to pay a “price premium” for products labeled and advertised as natural, the Merrick Pet Care class action alleges. 

Herter claims Merrick Pet Care is guilty of breach of express warranty and violating New York General Business Law. He demands a jury trial and requests injunctive relief and an award of  compensatory, statutory and punitive damages for himself and all class members. 

A consumer filed a similar class action lawsuit against Mars Petcare in November over similar allegations about the company’s “natural” claims.

Have you purchased Merrick Pet Care pet foods? Let us know in the comments.

The plaintiff is represented by Joshua D. Arisohn and Julian C.  Diamond of Bursor & Fisher, P.A. 

The Merrick Pet Care class action lawsuit is Herter, et al. v. Merrick Pet Care Inc., Case No. 1:24-cv-08212, in the U.S. District Court for the Eastern District of New York.

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