Nestle Purina Wants Dog Food Labeling Class Action Dismissed

Nestle Purina Pet Care Co. has urged an Illinois federal judge to dismiss a class action lawsuit accusing it of falsely labeling its Ultramix and Organix dog foods as “Made in USA” because the complaint is too vague.

The Purina dog food class action lawsuit was filed by plaintiff Marsha Sensenig, who claims that Ultramix and Organix dog foods were improperly labeled as being American-made even though they contain foreign ingredients. She states that the dog food products contain foreign-made ingredients such as vitamins, minerals, starch and amino acids but are labeled as being “Made with Love in the USA.”

Sensenig claims she purchased Ultramix Grain-Free & Poultry-Free Adult Dog Food, which included the “Made with Love in the USA” label.

The named defendants include Merrick Pet Care d/b/a Castor and Pollux Natural Petworks and Nestle Purina Pet Care Co. Merrick, which manufactures the Ultramix and Organix dog foods, was reportedly purchased by Nestle Purina last year.

Nestle Purina asserts four factors that allegedly support its request for dismissal of the dog food class action lawsuit: the complaint is too vague; Sensenig fails to adequately allege that she was deceived or injured; Sensenig failed to establish jurisdiction; and Sensenig will be an inadequate Class representative.

Nestle claims that Sensenig fails to adequately allege which products she purchased, which defendant manufactured the product, or that she relied on the “Made with Love in the USA” label when she purchased the Ultramix dog food. Further, Sensenig allegedly fails to indicate the approximate dates on which she purchased the allegedly mislabeled products. Nestle claims that the vagueness of the Purina dog food class action lawsuit justifies dismissal.

According to Nestle, Sensenig fails to allege that she has been injured or will suffer an injury in the future due to the allegedly mislabeled products. She does not assert that the products are dangerous in any way; she merely asserts that she suffered damages because she paid a higher price for the products than they were allegedly worth. Further, she is unlikely to be injured further by the allegedly mislabeled products and therefore she cannot bring a claim for injunctive relief.

Additionally, Nestle Purina asserts that Sensenig fails to allege any facts that support her claim that the defendants are not in compliance with federal law. She allegedly has not provided any information about where the pet food products were made or the amount of foreign-sourced ingredients they allegedly contain.

Nestle Purina also argues that Sensenig is an inadequate Class representative because she was previously convicted of a felony, a fact that suggests she may have a credibility problem. Further, she allegedly does not have standing to represent putative Class Members who purchased dog foods other than the product she purchased.

Sensenig is represented by John Norris, Frank Davis, Wesley Barnett and Dargan Ware of Davis & Norris LLP and Gerald Bekkerman and Jennifer Bebberman of Bekkerman Law Offices LLC.

The Purina Dog Food “Made in USA” Class Action Lawsuit is Sensenig v. Nestle USA Inc., et al., Case No. 3:16-cv-50022, in the U.S. District Court for the Northern District of Illinois.