Nutramax Cosequin class action lawsuit overview:
- Who: A class of pet owners have had their class certification upheld for a class action lawsuit filed against Nutramax Laboratories Inc. and Nutramax Laboratories Veterinary Sciences Inc.
- Why: The class action lawsuit claims Nutramax falsely markets that its Cosequin pet health supplement products promote healthy joints and mobility in dogs.
- Where: The class action lawsuit is in the U.S. Court of Appeals for the Ninth Circuit.
The Ninth Circuit Court of Appeals has upheld certification for a class of pet owners in a Nutramax class action claiming the health supplement company falsely marketed its pet health supplement product Cosequin.
The class action lawsuit argues Nutramax falsely markets that its Cosequin health supplement products — which contain glucosamine and chondroitin, among other things — promote healthy joints and mobility in dogs.
The three-judge Ninth Circuit panel affirmed a district judge’s decision to grant class certification to the pet owners, determining the class “may rely on an unexecuted damages model to show that damages are susceptible to common proof.”
In May 2022, that district judge certified a class of California residents who purchased Cosequin DS Maximum Strength Chewable Tablets, Cosequin DS Maximum Strength Plus MSM Chewable Tablets and Cosequin DS Maximum Strength Plus MSM Soft Chews.
Nutramax challenged district court’s reliance on damages model put forth by plaintiffs’ expert
Nutramax had challenged the district court’s reliance on a proposed damages model created by the plaintiffs’ expert to find that common questions predominated as to injury, according to an opinion filed by the Ninth Circuit on April 22.
“The panel held that, contrary to Nutramax’s contention, there was no general requirement that an expert actually apply to the proposed class an otherwise reliable damages model in order to demonstrate that damages are susceptible to common proof at the class certification stage,” the Ninth Circuit wrote regarding the Nutramax class action.
The Nutramax Cosequin class action lawsuit is not the first to target Nutramax over claims involving glucosamine. A federal panel centralized three class action lawsuits back in December 2013 that claimed the company falsely advertised the benefits of a pair of its joint health supplements.
That same year, a federal judge in California declined to toss a class action lawsuit claiming Rite Aid Corp. and Wal-Mart Stores Inc. misled consumers about the effectiveness of Cosamin brand joint health supplements manufactured by Nutramax.
Have you purchased a Nutramax Cosequin pet health supplement? Let us know in the comments.
The pet owners are represented by Mark Sigmon, Greg Coleman and Adam A. Edwards of Milberg Coleman Bryson Phillips Grossman PLLC, Michael H. Pearson and Daniel L. Warshaw of Pearson Simon & Warshaw LLP and Matt Schultz of Levin Papantonio Rafferty Proctor Buchanan O’Brien Barr & Mougey PA.
The Nutramax Cosequin class action lawsuit is Lytle, et al. v. Nutramax Laboratories Inc., et al., Case No. 22-55744, in the U.S. Court of Appeals for the Ninth Circuit.
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46 thoughts onPet owners win class cert. in Nutramax Cosequin supplement class action
Add me to the list please
My dogs have taken Cosequin for years! I wish I had known!
Add me to the lawsuit. I may as well given her a sugar pill. No improvement in her gait.
Add me please
I used Cosequin on my Irish Wolfhound and he developed serious carpal joint issues which caused his gait to be off and now he has spinal issues and hind end weakness.
I have been using on my dogs for years and now to find this out just floors me. Can we trust anything?
I’ve used Cosequin for my Boxer’s for years add me please.
I’ve been using these joint relief and prebiotic by Nutramax for years in my bloodhounds. Add me.
Probiotic*
Wow. My Rottweiler Gabriel was like a son to me and he had an osteoarthritis diagnosis at a very young age. At the time I was able to spend the money on the best care and it included several of the brand names mentioned above including Cosequin and these were given per the veterenarian, in tablet and intramuscular injections on a regular basis. His condition declined, never improving although he was always happy, never “complained” and to monitor him I even changed jobs to be able to have him with me. That all said, he ended up dying from a sudden massive gastric bleed that three vets read differently on scans and no one had any explanation as to what lead up to his ultimate death from euthanasia (as he was given anywhere from hours to a day and in agony and for the first time couldn’t walk himself outside. He was about to turn 6 years old. That isn’t old, granted this breed doesn’t live as long as some. Sorry to ramble but being detailed as I rarely write in these comments and this strikes hard without knowing what the damage model shows / predicts/ contains. I am happy to share data if used for animal welfare and not as a weapon against all prescribers nor solely to extract money; nothing can bring back such a loss and if I was harming him or wasting that much money on false “guarantees” I’ll be very upset.
Have been giving this to my dog for years so I’ shocked to learn this
I have been using consequent for years when it first came out as a horse product and got amazing results. After making a product for dogs I was happy to have continue and have always had good results with my animals. I think it’s a pity That nutramax is being sued over a technicality rather than a clear failure of product.
Please add me my dog passed away and I still have some and of this in a bottle