Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
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.
Read About More Class Action Lawsuits & Class Action Settlements:
47 thoughts onWellPet Food Mislabeled As Grain Free, Class Action Lawsuit Says
Add ma please
add me in
Add me
What’s really terrible is th3 nAne if this company wellness and words like holistic it’s unreal they can even use such words legally. Very disturbing and if this dig food causes any illness oh my I’m suing. I love my babies a Rhodesian and a Yorkie. I don’t need to lose them over done toxic product or full of grain. What out Wellness you ‘ ve tricked me and fooled me but won’t get away with it again. I’ve lost all trust in you!
I just saw where my digs entire food regiume daily is made by this company . This is scary. My dig eats the dry food gets a Whimzees after breakfast and then their favorite old mother hubbardpeanut butter bones. I am appalled they are not “holistic” as they state. Not a happy customer.
I have been buying WellPet brand foods for my dogs for over 2 plus yrs and had no idea there was anything wrong such as mislabeling or not disclosing the true ingredients. This can affect my dogs health severely and adversely . I am very concerned. I live in Phoenix and buy the product from Petsmart.
Add me
Please add me, I have purchased this food for my dog.
Please add me
Yes. I have bought Wellness CORE Natural Grain Free Small Breed Dry Dog Food for over two years for my puppy. Please add me in.