PET Food Processing - October 2020 - 55
(including all color additives regardless of source) has
been included in, or has been added to, a food that
would not normally be expected to be in that food." The
FDA's proposal adds a consumer expectation component that AAFCO does not include. If the FDA follows
this proposed definition for animal food as well, this has
arguably opened the door to a wider variety of "natural"
food lawsuits in the pet food sphere.
One brand of pet food, Rachael Ray's Nutrish, has
been the target of multiple lawsuits over its "natural"
claims. In 2017, plaintiffs brought a class action lawsuit
(Christina Grimm v. APN Inc., et al., Case No. 8:17-cv00356, C.D. Cal.) alleging that Nutrish's "natural" label was misleading, since the food allegedly contained
multiple synthetic or artificial ingredients, such as synthetic vitamin K and caramel color. Similar lawsuits
were filed just this year against the Simply Nourish
brand of pet food for falsely advertising and marketing
the food as "natural" when it contained synthetic ingredients like folic acid, riboflavin, and citric acid. (Alexa
Grossman v. Simply Nourish Pet Food Company LLC,
"Suits can be difficult
to defend because the
standard is not whether the
claim is factually true but is
instead, whether the claim
tends to mislead consumers."
et al., Case No. 2:20-cv-01603, E.D.N.Y)
Some "natural" lawsuits focus on ingredients that a
consumer wouldn't expect to be contained in a product promoted as natural. In 2018, the first lawsuits involving an unintended, unlisted ingredient were filed
against Champion Petfoods. The Slawsby, Colangelo,
and Reitman cases involved a proposed class that alleged, "Defendants engaged in deceptive advertising
www.petfoodprocessing.net | October 2020 | PET FOOD PROCESSING
55
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PET Food Processing - October 2020
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