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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
Please add me, I have my dog in critical condition at the Vet Hospital as I write this from eating that horrendous food, bills are piling up and I am livid, how dare they keep on selling this food !! My other 4 dogs at home are sick as well and had 1 of them at the vet last week as well. The mental anguish and horror that this has myself and my family through is unbearable, never mind my dogs who are my babies. Rachel Ray and who ever climbed onto this boat with her she feel what you have put us through, how dare you, you are despicable and I will not stop from sharing this with whomever I can. I will not rest until they do the right thing !!
Both my dogs have lumps on them, crapping blood.The only food they have had is Rachel ray can and dry food for years. Had no idea about this situation with food, god forgive me , shame on you Rachel ray god has a place in Hell for you Rich people, Damn you!
Add me!! 1st my cat developed a huge lump on her belly then my Chorkie developed a small lump on her head & both keep growing!! Have fed R Ray for 3-4 yrs!!!
I’ve been feeding our picky pittie her food for years and last year the store I ordered from changed out from the lamb and rice to the chicken and vegetable. About 3 months ago, he developed a scabby rash all over his body. Vet can’t figure out what it is – have spent close to 1,000 and they just don’t know. Worried that it could be the chicken / vegetable because he never had an issues until the change.
My 3 yr old completely healthy German shepherd has been eating Rachel Ray Nutrish for 2 weeks. Last night I had to rush her to urgent care for tremors & seizure activity. This is absolutely sickening. Are no foods, pet or human, safe frome these awful chemicals!!! Something must be done!!!
Please add me to the list. My dog has been using Rachael Rays dog food also for years. She has loved the soup bones also. For the past month she has been throwing up yellow bile and pooping blood. This is the only dog food she eats. Periodically she would throw up and have a upset stomach but just thought she had a upset stomach? I feel terrible that I have fed her this food and I am throwing all Rachael Rays products out! I will be taking her to vet so this will be reported. I am just hoping this food has not caused her cancer. Bleeding in her stools is not normal and this has been happening now for the last 3 weeks!
If you can add me to I just figured it out I had one can of Rachael Ray because they didn’t have my dog’s normal can food she’s been eating it with her dry for the past four nights and now the past two days in a row she’s had seizures and she’s never had them before please save other pets from this disgusting food we need to start holding these companies accountable for their actions
Confidence is NOT cause.
Our labradoodle has been eating this food for at least 6 months. She is a very picky dog and this is the first brand I found that she will eat. The only symptom she has had is the vomiting yellow bile. We just figured she ate something outside that didn’t agree with her. Now I’m horrified to think what kind of damage may have been done! I just got back from petsmart with purina pro plan and I hope she will eat it. I told a worker there about this lawsuit. She didn’t know. The aisles are filled with nutrish dish. Scary! Word has to get out so people know!
My dog dropped dead we performed cpr and brought him back the cause of his heart issue was due to the Rachel Rae dog food nutrish add me please I have vet records now he’s on heart medication and very expensive food
Add me please