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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
While the word ‘prescription’ should really be ‘prescriptive’, as a 17 year vet tech, I want to let you know that the only ‘scam’ that’s occurring here is us wanting your orders to live longer lives. These foods really do help and are expensive due to the research that goes into them. The pet food industry is one of the most under regulated industries and these companies are just trying to further pet health. Please, please do not stop feeding your pet their survival food! Talk to your vet about your concerns and have them show you the pet reviewed research. The only reason that these even require a ‘prescription’ is to make sure you are getting the correct food that was recommended. Please continue to trust your veterinarian instead of a lawyer trying to look for a payday.
that is a pile of hogwash. in vet school the students are ‘taught’ nutrition by the pet food companies. vets know next to NOTHING about animal nutrition, they just know what the pet food companies taught them. those ‘prescription’ diets are the biggest joke in the world. they are the worst food you could feed a dog or cat. look at the ingredients. mostly corn and crap. feed you dog a real diet, not the crap they sell you in grocery stores. if you can buy it in a grocery store, you don’t want it..unless you are feeding raw and buying chicken/pork/lamb/beef.
Please tell me how these foods help? What s in them that help? Is it the over abundance of fillers? What is in a kibble bag for a diabetic cat that makes it better than quality, grain free food? Please explain how this is “survival” food? #youdranthekoolaid
My girls was on hills mobility for about 4 years, at 95 dollars after tax, that’s hard to afford. She has other issues to deal with to be getting conned like this. We are told your pet NEEDS this … so mad right now
get on k9nutrition on fb and see what you could be feeding instead of that crap.
My girls was on this diet for about 4 years at 80 to 95 dollars a bag, hills mobility, this was hard to afford but is done cause we love our pets and are told they NEED this. She has other health issues to deal with to be spending on things like this.
I have a cat that had crystals n he is wet food n dry royal canin SO…. So now what???
Please continue to feed you get the diet that is medically designed to treat crystals, which is SO. It has been formulated to keep urine dilute and has low mineral content to prevent them from occuring. If the come back there is a risk of obstruction which is very dangerous.
Tiffany, why are you promoting any cat, especially one with crystals, to be on a dry food with tons of filler!?! Don’t you know that cats are carnivores by nature and can’t absorb starches because of the lack of analase and this can further being on issues like UTI’s, kidney desease, crystals, diabetes, etc!??! How irresponsible.
This is case is just ridiculous. These foods are “prescription” because someone who is not licensed vet can’t just up and decide to feed their animal kidney failtire. They wouldn’t know what food will help with that, only a vet would. Also these companies are not the only ones who promote the prescription food, private vets do as well. And it’s not the prescription food that these companies and vets promote. Now because the vets have a angrement with the companies that own these prescription foods, they promote that companies foods not the prescription foods. Now I’m not a fan of these food companies because the ingredients aren’t natural. For a prescription food I think it should have more natural ingredients and not by product. Plus your animal is not meant to stay on these foods forever. To me this just sounds like someone forgot their prescription card and wasn’t able to buy the prescription food. No these foods don’t have drugs but they do have certain ingredients that help with certain issues. These foods need to stay prescription foods otherwise people are gonna hurt their animals if given the wrong food.
I’m really confused about this. Is this class action suit concerning the MAKERS of this food or the people who sell it? I get my Hill;’s Science diet W from my vet and from Pet Flow. It requires a prescription when I order it online. Somebody explain to this old lady please? Thanks/Jan
there is NOTHING in that food that requires a prescription. they just call it that and only allow your vet to sell it so they can get more $$$$$ for it. usually it has the worst ingredients in the world in it. join k9nutrition on fb and see what you really should be feeding.
Just curious, wkmtca, what education do YOU have that makes you the expert on animal nurtrition? And why should we all listen to you?
Everyone talks about “fillers and biproducts”, but companies can list their ingredients in ANY order they wish! Just because corn is listed as the first ingredient on 1 food and the last ingredient on another, DOES NOT mean that one has any less or more corn than the other! (Proven fact!) Also, can you tell me what food company backs/sponsers the K9nutrition FB page that you keep referencing?
You also mentioned that people should be feeding raw AND buy chicken, pork, lamb or beef….well first of all, pork is one of the meats highest in fat, so if you’d like to cause your animal to have high blood pressure, diabetes, pancreatitis, etc….then by all means, feed your animal pork! Second of all…before we domesticized cats and dogs, they had to fend for themselves and find their own meals….80-90% of which was/is all vegetarian! Do you really think that they were able to make a kill that would provide them with at least 2 meals a day of chicken, beef, pork or lamb??
Naturally, animals are more vegetarians than carnivores. That being said, why do so many people think that grain will hurt them?
I do not work for any of the animal food companies…but I DO know that had I not switched my dog to a STRICT renal diet when she was diagnosed with kidney disease, then I would have lost her at least a year sooner than I did! No….there was not medication in the food…but it had almost no protein or sodium (as well as other benefits for renal disease), that no other OTC food offered!
When we as humans are diagnosed with illnesses and/or diseases, our doctors will strongly recommend changes to our diets. I know that I didn’t have the time to make food everyday for my dogs, and believe me, they are my babies! But if I did have the time, I would be EXTREMELY restricted with what I could cook her, because even raw food has protein and sodium that I can’t just “take out”. That would’ve made buying “raw” 10 times more expensive and it would’ve limited her diet to almost nothing but grain….which brings me back to grain and fillers….
These prescription diets don’t claim to “heal” our pets! They are for maintenance and control, whether it be for renal disease, diabetes, weight, mobility….etc. The ONLY reason that they are prescription is purely so that a pet can be placed on the diet he/she needs…..nothing more AND nothing less! I would hate to think that someone starts feeding their pet something like metabolic+mobility, when it’s having trouble keeping weight on, but needs a regular supplement for joint support! A vet would never prescribe that food/diet, to a pet displaying those conditions! Therefore, these “prescription” foods should NEVER be available for purchase without a prescription.
I know, as a very very loving pet owner, that I would want the best for my babies….and if I can get what my pet needs in their food, instead of cooking daily AND giving them separate vitamins/supplements/medications….then that is exactly what I’m going to do!
Again….I would love to hear what type of education your “advice” is coming from!
Well said JRPETTY!!!!
Speaking as a nurse. Humans also are “prescribed”certain diets for certain conditions they are. It intended to cure but to prolong trouble from occurring ;complications people need low protein diets with failing kidneys lo car for diabetes etc. no different with animals. Kidney stones can be evaluated for content and in some cases diet does not matter but in some controlling aspects of diet can be very helpful. U can choose to follow diet. And many humans do not so they suffer advanced disease and poorer health. Animals just like humans are in part healthier or not depending on diet in general no one is trying to rip u off.
3 years my dog has been told to be on this food. How do we join?
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We have spent a fortune to feed our dog Hill’s Prescription Liver Diet as a lower copper-containing food. At $70 a bag for an eight-year-old dog, that adds up. Of course, we want what’s best for her, but if this is a hoax, I’d like to get some money back. I’d like to find out more.
We just had Our Girls bladder stones removed and she was prescribed Royal Canine food. Another is diabetic and has prescribed food, along with Insulin twice a day. It can get very spendy.