Dog Food Maker Seeks Dismissal of Orijen, Acana Toxic Metals Lawsuit

Dog food maker Champion Petfoods USA Inc. is asking a federal judge to dismiss a class action lawsuit alleging certain brands it sells contain toxins.

The Champion dog food class action lawsuit alleges that the company’s Acana and Orijen brands contain mercury, arsenic, and lead which can sicken the pets that eat it.

However, Champion says that the plaintiff has not established that the dog food has actually harmed any pets.

According to plaintiff and dog trainer Lisa Slawsby, the pet food sickened her dog after she started using more of it.

The plaintiff says that Champion advertises Acana and Orijen brands as all natural, but they contain synthetic chemicals and metals.

While the Champion dog food class action lawsuit alleges that the brands are falsely advertised, Champion points out that the amounts of harmful substances are not included in the complaint.

“This fatal pleading deficiency is a vein running through each of plaintiff Lisa Slawsby’s eight causes of action,” states the motion to dismiss the Champion dog food class action.

The company also argues that the Champion dog food class action lawsuit fails to account for the fresh and raw ingredients that, when cooked down into the final product, naturally contain high levels of heavy metals.

“Because Champion uses a significant amount of fresh and raw meat, fish, vegetables, and other natural ingredients in making its dog food, the finished product naturally contains naturally occurring heavy metals,” states the motion to dismiss the Acana, Orijen dog food class action.

The dog food maker’s motion to dismiss the Champion dog food class action lawsuit also argues that the plaintiff did not establish that the dog food was the cause of her pet’s illness. Fortunately the pet recovered, but allegedly the cause of the illness is not established in the Orijen, Acana class action.

The Champion dog food class action lawsuit relies on a white paper produced by the company, the motion to dismiss points out.

“Champion’s products are anything but dangerous,” argues Champion’s motion to dismiss. “The white paper makes clear that any food made from natural sources will have some levels of heavy metals such as arsenic, cadmium, lead, and mercury because these metals are naturally present in the environment. In short, their presence alone cannot form the basis of any of plaintiff’s claims.”

The company also argues that the plaintiff in the Champion dog food class action lawsuit does not have standing because she does not establish that she suffered any harm.

“She received the product that was advertised: a safe premium dog food,” states Champion in its motion to dismiss the dog food class action lawsuit. “Her contention that the product is unsafe is conclusory and conjectural as she does not cite to what the heavy metal and BPA levels in Champion’s pet food are or any standard which Champion’s pet food supposedly violates.”

Slawsby is represented by Glen DeValerio and Daryl Andrews of Andrews DeValerio LLP, and Patrick V. Dahlstrom, Gustavo F. Bruckner and Gabriel Henriquez of Pomerantz LLP.

The Champion Dog Food Class Action Lawsuit is Slawsby v. Champion Petfoods USA Inc., et al., is Case No. 1:18­-cv­-10701, in the U.S. District Court for the District of Massachusetts.