Michael A. Kakuk  |  December 12, 2016

Category: Consumer News

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petsmartA class action lawsuit alleges that pet food manufacturers Nestle Purina, Mars Petcare, and Hill’s Pet Nutrition, pet supply chain PetSmart, and veterinary chains Banfield Pet Hospital and BluePearl Vet all conspired with each other to falsely promote “prescription” pet food.

The complaint asserts that there is no reason for each brand of pet food to require a prescription, as they “contain no drug or other ingredient not also common in non-prescription pet food.”

“Retail consumers, including Plaintiffs, have overpaid and made purchases they otherwise would not have made on account of Defendants’ abuse and manipulation of the ‘prescription’ requirement,” according to the complaint.

The prescription pet food antitrust class action lawsuit states that U.S. consumers spend close to $24 billion per year on pet food. The complaint alleges that Mars Petcare US Inc., is the largest supplier of pet food in the world, followed by Nestle Purina Petcare Company in second place and Hill’s Pet Nutrition Inc., in fourth place.

Similarly, PetSmart is the nation’s largest pet goods retailer, Banfield Pet Hospital is the largest veterinary chain in the U.S., and Blue Pearl Vet Hospital is the “largest chain of animal specialty and emergency care clinics.” The class action contends that these companies abuse their dominant market positions by promoting “prescription” pet food.

These prescriptions work like normal drug prescriptions – a veterinary doctor gives a consumer a written order for a certain kind of pet food, and the consumer goes to PetSmart, or other location, to purchase the specialty food. The complaint argues that consumers have a “deep rooted sense” of following medical advice and filling prescriptions.

However, the “prescription” pet food sold by Mars, Purina, and Hill’s are not evaluated by the Food and Drug Administration and contain no drugs or other legally controlled substances, the plaintiffs argue. Therefore, according to the class action, selling the expensive pet food as requiring a prescription is unfair and deceptive under California consumer protection laws.

The prescription pet food antitrust class action lawsuit asserts that this false advertising is promoted by all of the companies working together. The veterinary clinics write prescriptions for the food, which is manufactured by the pet food companies and sold through PetSmart.

According to the complaint, Mars owns 79 percent of Banfield Pet Hospital, and PetSmart owns the other 21 percent. Many Banfield clinics are inside PetSmart locations. In addition, Mars owns 100 percent of Blue Pearl Vet Hospital.

The class action is brought by a group of plaintiffs, who all state that they own pets who were prescribed pet food manufactured by one of the defendants. The plaintiffs seek to represent a Class of “all persons in the United States who purchased Prescription Pet Food from PetSmart, Banfield Pet Hospital, Blue Pearl Vet Hospital, or any other Defendant.”

The complaint also asserts subclasses of all consumers who purchased any of defendants’ prescription pet food from any retailer in California. The lawsuit requests restitution, treble damages, and an injunction stopping the defendants from marketing their prescription pet food.

The plaintiffs are represented by Michael A. Kelly, Matthew D. Davis, and Spencer J. Pahlke of Walkup, Melodia, Kelly & Schoenberger, Daniel Shulman and Julia Dayton Klein of Gray, Plant, Mooty, Mooty, & Bennett PA, Michael L. McGlamry, Wade H. Tomlinson III, and Kimberly J. Johnson of Pope McGlamry PC, and Lynwood P. Evans, Edward J. Coyne III, and Jeremy M. Wilson of Ward and Smith PA.

The PetSmart, Nestle Purina, Mars Prescription Pet Food Class Action Lawsuit is Tamara Moore, et al. v. Mars Petcare US Inc., et al., Case No. 3:16-cv-7001, in the U.S. District Court for the Northern District of California.

UPDATE: On April 3, 2017, PetSmart, Nestle Purina, Mars, and other pet food makers, asked a federal judge to dismiss a class action alleging they worked together to fix the price of prescription pet food.

UPDATE 2: On May 15, 2017, the plaintiffs in a class action lawsuit accusing PetSmart Inc. and a group of pet food companies of conspiring to inflate the prices of pet food by marketing it as prescription-only urged a judge not to grant the defendants’ motion to dismiss the litigation.

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107 thoughts onPetSmart, Nestle Purina, Mars Face Prescription Pet Food Class Action

  1. nemismom says:

    The “prescription” diets that are supposedly for cats with diabetes are high in carbs. A basic knowledge of diabetes will tell anyone that diabetic cats need low carb food. There are lots of perfectly good, low carb foods on the market that cost a lot less than the “prescription” foods. AND cats like them better, which means they will actually eat them.

  2. Top Class Actions says:

    UPDATE 2: On May 15, 2017, the plaintiffs in a class action lawsuit accusing PetSmart Inc. and a group of pet food companies of conspiring to inflate the prices of pet food by marketing it as prescription-only urged a judge not to grant the defendants’ motion to dismiss the litigation.

  3. Top Class Actions says:

    UPDATE: On April 3, 2017, PetSmart, Nestle Purina, Mars, and other pet food makers, asked a federal judge to dismiss a class action alleging they worked together to fix the price of prescription pet food.

  4. mickey m says:

    how do you get involved in the class action suit against hills?

    1. Angela Lee says:

      there seem to be 4 law firms involved in the suit. I had signed up back in the fall of last year with the Pope McGlamery law firm since for the past 2 to 3 years I have had to buy prescription dog food for my dachshund. However, having done a phone interview with one of their lawyers and given all details (about a month ahead of the filing of the suit) I had nothing further. When I followed up with that firm a couple of months ago over the phone it looked as if the lawyer I had spoken with was no longer with them and my information had not been included. So now I am looking to sign up with one of the other 3 law firm involved. I need to research the others to get their names and contact info.

  5. Susan says:

    what use are these articles if there is no way I see, to join the Suit?

    1. Top Class Actions says:

      The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!

  6. Kbar says:

    I actually don’t have a problem with this process.

    The vet prescribed a specific food for a short duration to help eliminate specific ingredients that were causing my dog skin problems. The idea was that once we knew what ingredients she didn’t tolerate well, we could look for a good quality food that met her requirements.

    1. Karen says:

      Exactly

  7. Monique Rys says:

    I spent thousands on prescription cat food at Petsmart and had to make appts to get the prescription card updated once they expired all by recommendation of the vets at Banfield.
    In the end, my cat died from kidney disease. The prescription food didn’t seem help. How do I sign up to be a part of this suit?

    1. Karen says:

      Your cat passed away from renal insufficiency and now you want a piece of the money and sue from a natural death. This isn’t what the class action is about, listen to your veterinarians. They know these diets as they have prolonged millions of pets lives

      1. Tuck says:

        Keep telling yourself that Karen.

    2. Gail Frisella says:

      4gfrisella@gmail.com
      #321-288-7000
      Constant, diarrhea the last 6 months. She is on prescription diet. It is not working and losing wieght terrible. From. 7 Pounds5.05 please help mthank you

  8. Andrew says:

    Some of these diets are completely devoid of a certain nutrient or have an excess of nutrients to control a DISEASE. Simply put, these diets could kill animals that do not require them. Additionally, the fact that these diets are prescriptions allow people to claim the costs via their pets’ insurance.

    1. Lynda Scopes says:

      Right & the vets say it won’t hurt pets without the illnesses. Nothing but money hungry lying quacks.

  9. Susan says:

    I think people forget that these diets are prescription because there is an underlying disease that needs to be addressed with both medicine AND nutrition. Some of these diets are even dangerous to patients that do not have the diseases in which the diets are intended to treat. For instance if you put a dog on Hill’s S/D to treat struvite crystals or stones and its given to a patient that has kidney disease, hypertension or liver disease, you could potentially cause more harm. If you start feeding a patient Science Diet N/D for cancer which is higher in proteins and fats than recommended for an otherwise healthy pet, an overweight pet or a patient with intestinal disease or even diabetes, you could also cause more harm. Most of these diets are not recommended for growing puppies, pregnant or nursing dogs due to certain ingredients that are limited in the diet. I don’t think the average person without any education in animal nutrition or physiology is capable of choosing an appropriate “prescription” diet without a full medical assessment by a licensed veterinarian. There’s a reason why antibiotics and other medications are not over the counter. Prescription diets that do not provide complete and balanced nutrition for maintenance of healthy pets should not be distributed without prescription due to potentially detrimental affects. Veterinarians are not trying to make money. They are simply trying to keep your pets alive.

  10. Carol says:

    I have a 6 year old Portuguese Water Dog that was just diagnosed with Irritable Bowel. Needs to go on a special diet. Went to PetSmart and was told that I needed a prescription for the canned food for it. What?!!! No controlled substance in it so why would I need a prescription? Made no sense to me. Called the emergency vet that she had been at and had them fax over a prescription. Paid over 4.00 a can for a handful of ingredients. I did the research and I started making my own for a Hell of a lot cheaper! This is a scam and playing on people’s emotions towards their pets. The dog food industry does spend a lot of money in research, but they make a ton more! This over charging for this food is ridiculous! I just got home from the AKC National Championship sponsored by Royal Canine formerly the Eukanuba. Tons of money spent every year sponsoring events not to mention the huge amount of money in profits for the company over all. I am sorry, but 4.00 a can is way too much money!

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