WellPet Food Mislabeled As Grain Free, Class Action Lawsuit Says

Consumers pay a premium for WellPet food products misleadingly advertised as “grain free,” alleges a class action lawsuit recently filed in Massachusetts federal court.

In their class action lawsuit, lead plaintiffs Marla Bush, Kimberly DeHaven, Nancy Munie and Monique Salerno claim WellPet foods actually contain gluten, a substance pet owners are attempting to avoid when they buy products labeled as grain free. Indeed, each of the four plaintiffs says they made their purchases based on representations on WellPet’s Complete Health and Core line of products that they did not contain grain and, thus, would not contain gluten.

“Grain-free pet foods are desired by consumers who believe that dogs and cats require pet foods that contain more protein and animal fats and fewer carbohydrates than grain-based pet foods,” the complaint states. “As a result, grain-free pet foods are considered easily digestible and more similar to pets’ natural diets.”

According to the class action lawsuit, despite advertising stating certain WellPet products are grain free, independent testing revealed foods in the Complete Health and Core lines contained “significant gluten content.”

“Simply put, Defendant’s Grain-Free Claims are false,” the complaint contends. “The content descriptions of the Mislabeled Pet Foods that Defendant advertised on product labels misrepresented the true grain content of the Mislabeled Pet Foods.”

The plaintiffs point to certain representations on the WellPet food products in the Complete Health and Core line: “Grain Free” and “100% Grain free.” In addition, the class action lawsuit alleges WellPet acknowledges a grain-fee diet is important to pets with allergies.

“Defendant recognizes that the grain-free representation is important because ‘natural, grain-free and limited-ingredient diets have become a go-to choice for pet parents who believe their dog has a food allergy or sensitivity,’” the complaint contends, citing the WellPet website.

The plaintiffs also allege WellPet has made misleading statements about the quality standards of its pet foods.

According to a 2012 video by the manufacturer, WellPet foods are made in-house, purportedly to ensure the products meet “stringent manufacturing standards,” the class action lawsuit says.

Further, the bags used to package the food tout a “Wellness Way” pledge by WellPet to maintain a robust quality-control program to ensure the product is safe for pets.

The plaintiffs seek to represent a nationwide Class of consumers who purchased WellPet foods misleadingly labeled as “grain free.” In addition, the class action lawsuit proposes to represent Subclasses of consumers in California, Florida, Illinois, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York and Washington.

This is not the first class action lawsuit to hit a manufacturer over claims of “grain-free” pet food.

Costco is facing allegations it misleadingly marketed its Kirkland brand of pet food. In addition, a class action lawsuit is proceeding over Big Heart pet foods, which allegedly contain grains, corn and soy, despite representations the products are grain free.

Have you purchased WellPet food products that were labeled “grain free”? Tell us about your experience in the comment section below.

The lead plaintiffs and proposed Class Members are represented by Michael C. Forrest, L. Timothy Fisher, Brittany Scott and Frederick J. Klorczyk III of Burson & Fisher PA; and Scott Kamber and Naomi B. Spector of Kamber Law.

The WellPet Food False Advertising Class Action Lawsuit is Bush, et al. v. WellPet LLC, Case No. 1:21-cv-10059, in the U.S. District Court for the District of Massachusetts.

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