A California consumer is suing the manufacturer of Nutro pet foods for falsely advertising that its ingredients did not include wheat, soy or chicken — elements that trigger sensitivities or allergies in many dogs.
From 2016 to 2019, Alain Michael of Ventura County says he regularly purchased Nutro Limited Ingredient Diets food for his dog. He paid premium prices for it based on the manufacturer’s claim that the pet food ingredients left out items that could cause allergic reactions.
However, he says he stopped buying that brand of pet food when he discovered the claims were false.
“Plaintiff’s independent analysis of the ingredients of the Nutro Limited Ingredient Diets found that the Nutro Limited Ingredient Diets contain material amounts of chicken, wheat and soy using the industry standard Q-PCR method of DNA testing,” his lawsuit states.
The class action targets buyers of these specific Nutro pet foods:
- Nutro Limited Ingredient Diet Adult Lamb & Sweet Potato Recipe Grain Free Dog Food
- Nutro Limited Ingredient Diet Adult Salmon & Lentils Recipe Grain Free Dog Food
- Nutro Limited Ingredient Diet Adult Duck & Lentils Recipe Grain Free Dog Food
- Nutro Limited Ingredient Diet Adult Venison Meal & Sweet Potato Recipe Grain Free Dog Food
- Nutro Limited Ingredient Diet Adult Large Breed Lamb & Sweet Potato
- Nutro Limited Ingredient Diet Small Bites Adult Lamb and Sweet Potato Recipe
Pet owners often are willing to pay more for products that promote their pets’ health. For some, food allergies are a major concern. Therefore, the lawsuit maintains, these consumers expect accurate labeling to base their purchasing decisions upon. They must rely on the manufacturer’s representations that such products are formulated for their pets’ needs.
However, widespread product testing in recent years suggest that a large percentage of products in this market fail to live up to the claims on their labels with respect to “non-conforming” pet food ingredients, according to the lawsuit. It cites several studies dating from 2014 to 2018, with results showing between 50% and 90% of the various pet foods tested contained ingredients that failed to conform to their labeling.
“Since 2014, virtually all scholarly researchers have found that pet food sold to consumers frequently contains non-conforming ingredients, and significant discrepancies between pet food products’ labeling and their actual ingredients appears to be commonplace among pet food manufacturers,” the Nutro pet foods class action lawsuit states.
Veterinarians often recommend “limited ingredient” foods for pets that have shown allergic reactions to mainstream foods.
The use of that phrase in the Nutro pet food names noted above is meant to appeal to that market, the lawsuit argues.
That representation is bolstered by prominent text on the front of each product bag: “GRAIN FREE,” “NO CHICKEN” and “No Corn, Wheat, or Soy.”
These elements also do not appear in the list of ingredients on each bag.
In addition, the Nutro website states: “These recipes avoid ingredients that commonly cause food sensitivities in pets, like chicken, beef, corn, wheat, soy and dairy protein.”
And yet, contrary to all of that information set forth by the manufacturer, independent testing revealed “significant amounts” of those ingredients in Nutro pet foods.
This has caused damage not only to the consumers who purchase these products, but also to other manufacturers, the plaintiff maintains: “Defendant’s misrepresentations regarding the ingredients in the Nutro Limited Ingredient Diets are material to consumers who purchase this product, passing over products that cost less but do not claim to be made from select, premium ingredients.”
The plaintiff’s primary claim is violation of the Magnuson-Moss Warranty Act, a federal consumer protection regime that supplements state warranty laws.
The lawsuit maintains that the Nutro pet foods are not “merchantable goods” under this federal code because they do not function as “a wholesome limited ingredient food for pets whose owners choose to avoid feeding them wheat, soy or chicken.”
On the state level, the plaintiff is alleging violations of California’s Consumers Legal Remedies Act, False Advertising Law and Unfair Competition Law. His general allegations are breach of express warranty, breach of implied warranty of merchantability and unjust enrichment.
He is demanding a jury trial in hopes of winning an injunction against the company; compensatory, statutory and punitive damages; restitution and other equitable relief; and court fees.
The plaintiff is seeking certification of a California Class for this lawsuit.
Do you look for limited ingredients when selecting pet food? Let us know in the comments below.
He is represented by Alex Straus, Lisa White and Arthur Stock of Greg Coleman Law PC; Nick Suciu III of Barbat Mansour Suciu & Tomina PLLC; and J. Hunter Bryson of Whitfield Bryson LLP.
The Nutro Pet Foods Class Action Lawsuit is Alain Michael, et al. v. Mars Petcare US Inc., Case No. 2:20-cv-04845, in the U.S. District Court for the Central District of California.
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62 Comments
Add me please
add me
Please add me. We are currently buying Nutro pet foods for our 3 dogs. Very disappointed to hear about it
Please add me
So aggregated and tired of mislabeling. And the deliberate scamming of the consumers! Please add me.
Please add me
Add us as well. Also Its not just the limited ingredient Nutro (which has a high risk of causing DCM ) our boys were on nutro since they were puppies. ive got video & pics of our boys vomiting, having difficulty breathing, constant various allergy problems, chewing their paws, nails, scratching, a lot of dander, losing hair more than normal shedding, they developed multiple masses at young ages that required surgery & more masses that still have to be removed. there was complications during the procedure ive gotta voice mail from the vet sayin that he had to take emergency resuscitation procedures to save 1 of our boys & our other boy was in the danger zone but didn’tneed emergency procedures & my young kids heard that msg To make it worse. Our boys have bloodwork done twice a yr & its showed both our boys have various levels that are higher or lower than they should be in those organs the vet even told us to take them off of the nutro limited ingredient & the other nutro line of food we had the boys on. Since They have been off nutro they’re doing better ots only been a month but we see them doin better.
my dog has pasted away little over a year or so ago i bought nutro dog food for at least his last 4 years due to a allergy to wheat corn and who knows what else and i believe his death was from nuto dog food
Please add me
Another dog food that i found out my dog Bounty is allergic to. He’s allergic to chicken. So I find out quickly when these companies lie.
My Pug had a severe allergic reaction, he’s had skin inflammation, coughing, uncontrollable vomiting, and has been on a bland diet for a month. We’ve spent a little over $600 in vet visits and tests.
I called Nutro to file a claim and was told there was nothing wrong with their product. I’m sad for my dog, I’m angry at Nutro, and I would like my name added to this settlement.
Add me to list
add me to the list please
I have been feeding my dog Nutro wet & dry food at least three years, thinking that they were a company that truly cared about the health of my pet. Add my name
Do not like being deceived
Add me please
Add me
I buy nutro for my dog.
I buy nutro and have for years. Please add me
Add me please.
Add me please.
Have been buying this for a few years for my 3 dog’s. Please add me
Add me. I’m tired of paying more for deception.
Please add me.
I have had my two dogs on Nutro pet Food for over 15 years. I am very dissappointed, please add me.
Please add me as I have purchased this dog food many times.
Both of my dogs eat Nutru since birth.
Please add
I have been purchasing Nutro products for years consistently. Yes, I specifically choose it for their quality and marketing to my desire to give my dogs the best nutrition I can afford. Also vet recommended.
What do I need to do to add myself to this class action? Thank you for alerting me to the discrepancies in the contents of this food. My dogs are seniors and need careful nutrition.
Add me class action lawsuit.
Please add me MARIO.MYERS_SR@HOTMAIL.COM
Add me to list
Please add me
pls add me
Please add me
Please add me
I always look for limited ingrediants, and my senior pets stomach knows the difference! Please add me!
Add me
My ShihTzu fur was falling off because of the scratching , I still have the bag unused and started her on another brand which so far seems to agree with her
Please add me
I researched dog food to give our boy who developed reactions to chicken & grains. He started having seizures, on top of dry itchy skin and ear infections – We live on a tight budget but Nutro said exactly what he needed & I kept buying the expensive little bags. Please add me too! Glad I couldn’t afford it & switched to Another brand
My dog has severe allergies, I bought this dog food at petsmart,thinking it would help him.It did not help him,if anything made him worse.
Please add me. My dog scratches. Chicken allergy
please add me to the list because my dog was just scratching
Add me … My dog scratched until she bled …. I payed alot of money to feed my dog ” the best” so I thought … Never again will I buy nutro dog food .
I thought I was feeding my dog the best and the most expensive dog food I didn’t know they had impurities in my dog food Are things that were harmful and false advertising
ADD ME PLEASE
Please add me
Please add me
My golden retriever has severe allergies. This food was recommended by her vet to help alleviate her terrible itching & ear infections due to food allergies. I pay a premium price for this food thinking the extra cost was ok if it meant my dog getting healthy again. Feel like I have been horribly ripped off for the last 4 years. And we still have been experiencing all the same symptoms, thought I was doing something wrong !
Add me please i buy this for my dogs. Thank you
Is this only for California consumers? I live in Oregon and purchased the nutro limited venison and sweet potato food for my dog who has allergies to many things, he continued to break out from allergic reaction, finally I switched to another brand and he is doing much better now. If this is available to Oregon consumers please add me, if not please consider opening a lawsuit in my state
Is this only for California consumers? I live in Oregon and purchased the nutromax limited venison and sweet potato food for my dog who has allergies to many things, he continued to break out from allergic reaction, finally I switched to another brand and he is doing much better now. If this is available to Orsgon consumers please add me, if not please consider opening a lawsuit in my state
add me too! i thougnt for a long time that it was a good dog food w/suppliments!
Yes, I have been buying them for years. Please add me.
Please include me in this action.
I have been buying Nutro limited ingredient dry dog food for my two dogs for years thinking it was best for them due to the allergies. Now I know why it didn’t work as I expected. Please add me.
Yes I always check the ingredients.
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I had researched many different dog foods for my two doga, which are allergic to chicken, wheat, soy & grains. I had decided on trying Nutro limited ingredients only to have my dogs suffer continuous allergenic reactions to the undisclosed chicken byproduct. Please add me.
Add Me Please
Yes I do . I look for meat as the first ingredient. Add me pls I have purchased nitro
Please add my name to this class action
Yes I do. Please add me.