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UPDATE: Read the latest on dog food recalls in the recent Sportmix pet food class action lawsuit that has been filed, following the death of 70+ dogs.
A New York federal judge has dismissed a class action lawsuit that claims Rachael Ray Nutrish dog food is labeled as being “natural” even though it contains a trace amount of a herbicide.
U.S. District Judge Louis L. Stanton had dismissed the claims before, but plaintiff Markeith Parks filed an amended complaint, rearguing that the company violated New York General Business Law as well as false advertising and breach of express warranty.
Parks claimed that the dog food, made by Ainsworth Pet Nutrition LLC, should not be labeled as “natural” because it contains glyphosate, which is a weed killer.
Parks filed her complaint in August 2018, alleging that she and other consumers were harmed because she did not know that the Rachael Ray Nutrish dog food contained glyphosate.
She notes in her class action that no consumer would expect a dog food with the label “natural” on it to contain chemicals that could be harmful to pets.
The dog food class action lawsuit argued that by deceiving consumers by using the term “natural” in their advertising, the company could charge a premium price for the product.
The court dismissed the original class action lawsuit in April 2019 due to a lack of specificity. The judge wrote that the presence of “negligible amounts of glyphosate in a dog food product that do not have harmful, ‘toxic,’ or ‘carcinogenic’ effects is not likely to affect consumers’ decisions in purchasing the product and is thus not harmful.”
After Parks amended the class action suit, the defendants filed another motion to dismiss the complaint or, to the alternative, stay the action until they received guidance from the Environmental Protection Agency (EPA) and the Food and Drug Administration (FDA) on using the term “natural.”
However, Parks argued that the amount of glyphosate in the dog food is not relevant to materiality and that it is misleading to label a product as “natural” if it contains harmful ingredients like glyphosate, no matter the amount.
According to the judge’s opinion, the original complaint did not state the amount of glyphosate in the product and whether the amount of the weed killer is harmful or non-toxic.
However, the court in its previous order allowed the plaintiff to replead the facts with supporting information about the amount of glyphosate in the dog food.
Parks argues that laboratory testing detected the presence of glyphosate at a level of 19.85 parts per billion. The court states that this level amounts to 0.0005 percent of the allowed level in “animal feed.”
“The level of glyphosate in the tested Products is negligible and significantly lower than the FDA’s limit, which supports a finding that the Products’ glyphosate residue is not likely to affect consumer choice and that labeling them ‘natural’ is not materially misleading to a reasonable consumer,” the judge wrote.
Do you think dog food labeled as “natural” should contain trace amounts of a weed killer? Leave a message in the comments section below.
The plaintiff is represented by Kim E. Richman of Richman Law Group and Michael J. Gabrielli of Gabrielli Levitt LLP.
The Rachael Ray Nutrish Dog Food Class Action Lawsuit is Markeith Parks v. Ainsworth Pet Nutrition LLC d/b/a Rachael Ray Nutrish, Case No. 1:18-cv-06936-LLS, in the U.S. District Court for the Southern District of New York.
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99 thoughts onRachael Ray Dog Food Class Action Lawsuits Tossed, Again
My service Dog has been eating this food for years, and lately these passed few months, he has been losing weight, thrown up yellow bile, and when sleeping his body shakes how can a multi millon “spoke persons” get away with this for years while hundreds if not thousand of our dogs we love and take care of in my case helps me with my emotional problems when i need it. Our dogs and cats are family to who have them. There should be repercussions with this brand and should be off the shelves.
Add me please. My dog started eating Rachel Ray dog food a week ago and started having seizures a week later! He started with foaming of mouth in the early morning, then started drooling heavily. We noticed he was spaced out and then he had 2 seizures at home. We rushed him to urgent care and he then had another 2 more seizures there. He had no medical issues prior to this! He’s been super healthy and I did research and found this website and other sources with the same problem. Now my dog has been in urgent care for 2 nights and he’s on seizure medication and on a IV now. He’s not eating. Hoping he will beat this. I wish we could upload videos and pics here. This is terrible.
Add me please. My dog started eating this a week ago and started having seizures a week later! No medical issues prior to this! He’s been super healthy and I did research and found thus and other resources with the same problem.
Please add me. Julsrizzo@gmail.com
My dog almost died from Racheal Ray food. She was getting more and more lethargic until she could not even walk. We thought we were losing her. My husband is a dr and he suggest we change her food. Within two weeks of changing her food to The Farmers Dog, all natural, she started to improve. After a month we had our beautiful girl back. That food was killing her. We actually made a statement to our Vet to be aware any any dog getting sick from Racheal Ray food. We would do anything to help in this lawsuit and not lose another dog to such a horrible death by the hand of an unknowing owner
Feeding their dog poisonous food.
Please add me. D0nlancz45@gmail.com
We had three dogs and had them on Rachel Rays dog food for years. Now our little baby girl who was a yorkie poo passed 3 years ago. Her organ which was her kidneys, and heart was shutting down. So reluctely we had to put her down. And our other dogs both have cancer. One has prostate cancer the other has genetal cancer, and both of them are schnoodles. All 3 have been eating Rachel’s dog food. It makes us wonder if the food is the cause????
Please add me I used this food my husker at 3 years had bladder stones and my chorkie at 8 just died of liver failure and this was the Dog food I used.
Rachel ray dog food just caused my dog to have explosive diarrhea everywhere. I forgot the last time i bought it, it had the same affect on my poor dog. Now im no genius but i bet this dog food is killing many animals and it is a shame rachel ray does not take her animal products off the shelf. She should be ashamed of herself knowing so many animals have suffered because of her greed.
She’s not ashamed. I tried contacting her through many means and never received a response.
Always trusted Rachel Ray dog food but no more.Went online to purchase and saw the proposition 65 warning!!!
Truly sad and disgusted to see this considering I just lost my buddy to this food. It all connects. Please add me.
Add me, I am floored.
Add me. Unbelievable ??