Class Action Alleges Nudges Pet Treats Not ‘Made In USA’

Last week, a proposed class action lawsuit was filed against food producer Tyson Foods Inc., alleging that the company misleadingly labels its Nudges-brand pet food products as “Made in the USA” when ingredients are sourced from foreign countries.

Lead plaintiff Susan Fitzpatrick filed the Nudges class action lawsuit in California federal court last Wednesday, alleging that she purchased various Tyson brand pet food and treats under the assumption that the product were entirely made and manufactured in the United States.

Fitzpatrick alleges that her assumption came from an American flag as well as a “Made in USA” label on the packaging. However, according to the class action lawsuit, the Nudges pet food products allegedly contain tapioca starch that is made from cassava root, which cannot be commercially grown in the United States. Thus, alleges the plaintiff, the pet food products cannot be considered entirely made in the United States.

The plaintiff also alleges that Tyson’s Nudges pet food brand website contains similar claims, along with the websites of retailers who sell the Tyson pet food products to consumers.

According to the Nudges class action lawsuit, most pet owners would be deceived by the labeling and would not understand that the product contains ingredients not sourced from the United States. “Consumers are particularly vulnerable to these deceptive and fraudulent practices. Most consumers possess very limited knowledge of the likelihood that pet food products claiming to be made in the United States are in fact made or sourced in foreign countries,” Fitzpatrick alleges in the Nudges class action lawsuit.

Fitzpatrick alleges that most pet owners who purchase “Made in the USA” products are willing to pay extra because they believe are made in the United States. According to the Nudges class action lawsuit, this is because pet owners perceive “Made in the USA” pet food products to be better than pet food produced in other countries. Additionally, according to the class action lawsuit, “Made in the USA” labels lead consumers to believe they are supporting American industry.

“California and federal laws are designed to protect consumers from this type of false representation and predatory conduct,” Fitzpatrick alleges in the Nudges class action lawsuit. “Defendant’s scheme to defraud consumers is ongoing and will victimize consumers each and every day until altered by judicial intervention.”

According to the Nudges class action lawsuit, the plaintiff is seeking an injunction to stop Tyson Foods from using its allegedly deceptive labeling practices. The complaint charges the company with violating various state laws, including the California Unfair Competition Law and the California Consumer Legal Remedies Act.

Fitzpatrick seeks to represent all residents of California who, over the past four years, purchased Nudges brand dog treats or allegedly mislabeled cat food from Tyson Foods.

Fitzpatrick is represented by Benjamin P. Tryk of Tryk Law PC and John E. Norris of Davis & Norris LLP.

The Tyson Pet Foods “Made in USA” Mislabeling Class Action Lawsuit is Fitzpatrick v. Tyson Foods Inc., Case No. 2:15-cv-02285, in the U.S. District Court for the Eastern District of California.