Wellness Pet Food Class Action Calls ‘Made in USA’ Label Deceptive

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Wellness brand pet food is mislabeled as being “Made in the USA” when the products actually contain ingredients sourced from foreign countries, a class action lawsuit alleges.

Wellpet LLC, the manufacturer of Wellness brand pet food, Eagle Pack dog food, and Holistic Select dog food, was hit with the class action lawsuit on Aug. 31.

Plaintiff Dale Sabo of Illinois alleges he purchased Wellness Large Breed Puppy and Adult Foods on multiple occasions between November 2014 and July 2016.

He notes that the Wellness brand dog food products indicate on its label that they are “Made in the USA.”

“This representation of the USA as the country of origin is deceptive because Defendant’s products contain ingredients sourced in foreign countries,” Sabo alleges in the Wellness class action lawsuit. “The pet foods are not ‘all or virtually all’ made in the USA, and the vitamins and minerals sourced from outside the USA are a ‘significant part’ of the products.”

According to the Wellness pet food class action lawsuit, the use of the unqualified “Made in the USA” claim on the labels is deceptive under Federal Trade Commission guidelines, because the added vitamins and minerals are an essential aspect of the pet food products.

The FTC distinguishes between qualified and unqualified domestic source representations, the Wellness pet food class action lawsuit states.

A qualified statement may indicate that a product is “Made in the USA from domestically and foreign-sourced ingredients,” providing a clear indication some ingredients are sourced from foreign countries.

On the other hand, an unqualified statement that a product is “Made in the USA” without any additional information can be subjected to additional scrutiny, the class action lawsuit alleges.

“The Federal Trade Commission has defined the unqualified term ‘Made in the USA’ to mean that the product is ‘all or virtually all’ made in the United States,” Sabo says in the Wellness class action lawsuit. “Even if foreign-sourced parts or ingredients constitute only a small percentage of a product, the FTC does not allow a company to make an unqualified claim of U.S. origin (‘Made in the USA’) if those parts or ingredients are significant parts or ingredients.”

Sabo identifies as a patriotic American and says he is willing to pay a premium for products that are American made.

The Wellness class action lawsuit points to a 2015 survey in Consumer Reports that indicates 77 percent of Americans are willing to pay a higher price for products that are purportedly made in the USA.

By filing the Wellness Made in USA class action lawsuit, Sabo seeks to represent a Class of consumers in California, Florida, Illinois, Michigan, Minnesota, Missouri, New Jersey, New York and Washington who have purchased pet foods manufactured and marketed by Wellpet, and which include a “Made in the USA” label or which were otherwise labeled as “USA-sourced” items.

The nine states listed above have all enacted laws similar to the Uniform Deceptive Trade Practices Act or the Illinois Consumer Fraud and Deceptive Business Practices Act, according to the Made in USA class action lawsuit.

Sabo seeks injunctive relief, compensatory and punitive damages, attorneys’ fees and costs, and other relief deemed appropriate by the court.

Sabo is represented by John E. Norris of Davis & Norris LLP and Julie Simpson of the Simpson Law Group.

The Wellness Pet Food Class Action Lawsuit is Dale Sabo v. Wellpet LLC, Case No. 1:16-cv-08550, in the U.S. District Court for the Northern District of Illinois.