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A 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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108 thoughts onPetSmart, Nestle Purina, Mars Face Prescription Pet Food Class Action
How can we get in on this?
when can i place my complaoint
Finally! We bought Hills Science Diet for our two min pins who were both in the chunky side.. Allot of money as Hills was supposed to be “good” for them. Gave them BOTH diabetes.. We lost one! Our vet was astonished. Never seen it before with both dogs. Seen online where Hills had bad batches in California, but not here in Florida. Guess again! Still have one min pin who requires two shots a day…
This doesn’t surprise me at all. Foods that are filled with carbohydrates will cause health problems for dogs and cats. Its why I feed my Show dogs (Labradors) raw food. I know what is in it and there are next to no carbs. It is completely under my control. These companies have been screwing people over long enough. Its time their foods are exposed for what they are GARBAGE!
You do understand that a overweight dog just like a person can and will more then likely develop diabetes? The weight-loss food would not cause such a thing to happen I don’t care if it was from Hills or someone else, if you have an overweight animal that is a good chance it can become diabetic. Your vet should be telling you that.
How do I participate from CT? My dog has been eating Hills prescription dental food for years
How do I participate from CT? My dog has been eating Hills Dental prescription food for years
Hill dental prescription food is not meant to help solve your dog’s dental issues. It helps prolonge needed dental cleaning. Pending the breed in which your dog is also plays a large factor in the state of your dog’s teeth. Small breed dogs like chihuahuas, Yorkie, etc. Have horrible genetics with periodontal disease. To where labs golden etc don’t need frequent dental cleaning to help prevent other diseases. The dental diet is designed to act as a tooth brush. But just like humans who need yearly dental cleanings so do many dogs. I also tell clients to feed the dental diet as treats to help and it’s not as costly. Trust me veterinary medicine is not out to get you for your money. It is the least paid profession in the country. :)
Feeding raw is natures own toothbrush. Dogs and Cats don’t need to have their teeth brushed if they are eating a species appropriate diet. Who is brushing the teeth of a Coyote, Wolfe, Fox? Have you ever seen a picture of one of those carnivores with dirty plaque buildup on their teeth??? Exactly.
Feeding raw is not natures toothbrush, feeding raw is fine but do not confuse it has being natural. No one is brushing a wild animals teeth, a lot of them can and do have issues that we have no idea about. With dogs and cats we have taken them into our home, so we must do what is right for them. If you want to fed them raw, or anything else go for it but don’t knock a food down that is proven and has helped pets actual live and have better outcome in life because your on a soapbox of hate towards the company.
I didn’t know that I had a Coyote, Wolf or Fox in my home. Last I checked I had a very domesticated dog and cat.
Its about time they get called out on this!
My dog was on rx food for two years to prevent bladder stones and still had to have three surgeries. The Rx Food was $55 a bag . I had to put her down two months ago .
Can you not join this class action suit? You may have to dig out some receipte/paperwork, but I’m sure it’d be worth it. I’m so sorry you had to go through all of that.
My dog also had bladder stones and I was told she “had” to eat this prescription food! After $200 worth I told them, either she eats regular food or we both starve this month! I couldn’t afford my own grocerys plus her monthly food cost!
Thank God she’s been eating her normal food again for 2 years and so far she’s doing just great!
I had the same issue and spent nearly $10,000 on vet bills, surgery and special Rx food. I had to put Angel down as she was sick from Jan 2014 with bladder stones until I put her down Dec 2014. It was my Xmas gift to Angel to get her out of pain. I am so sorry for your loss. Angel was under age 2.
What is sad is the fact that the Rx food didn’t help. Was supposed to help with Pancreatitis problems and digestion problems and didn’t. Vet finally told me to fix hamburger and rice with lots of water, but it was too late and I had to put my Angel down. I don’t see any way to participate in this lawsuit.
We were in the same situation. Prayers to you all! We miss our lil Angel Mocha <3
Finally! I’m glad Simone noticed that this is a scam!
I am so very happy to finally see this, it is such a scam. Almost all vets, not just Banfield & Blue Pearl prescribe these ‘rx” overpriced foods & require an expensive visit.
What might be even more overpriced if you think about it would be going to see your vet over and over for issues where a food could possibly take care and make your pet better. Not everything is in black an white, if you don’t want to buy a food that your vet suggests that is fine, but don’t come back later complaining about something like exam visits to treat something that a simple bag of food could help. Also if you do the math the food from a vet can sometimes be cheaper for your pet, because they are a better quality then some poor store bag of crap. Also Royal Canin and Hills do research on the food a dozen more times then half the food we humans actually eat.