U.S. District Judge Elaine E. Bucklo in Chicago dismissed a proposed class action against pet food maker WellPet LLC on April 21, 2017. The suit claimed the company’s “Made in USA” labels were misleading because some vitamins and minerals came from overseas.
The claim
Plaintiff Dale Sabo of Kane County, Illinois, filed the complaint in August 2016. He said he bought Wellness Large Breed Puppy and Adult foods from an Illinois retailer from November 2014 through July 2016.
Each package listed ascorbic acid, or vitamin C, as an ingredient. Sabo said the last vitamin C plant in the USA had closed in 2009. Citing the FTC’s “all or virtually all” standard, he argued that a product labeled Made in USA should contain no foreign content, or only a negligible amount.
WellPet’s defense
WellPet said ascorbic acid was one of more than 50 ingredients on the label and was not a significant part of the food. It also pointed to the FTC policy on raw materials that are not available in the USA.
The ruling
According to the Cook County Record, Bucklo said she preferred Sabo’s argument on whether the vitamin C was a negligible ingredient. She also noted that his complaint described vitamin C as a manufactured product, which complicated WellPet’s reliance on the FTC raw-material exception.
She dismissed the case anyway, because Sabo had not adequately pleaded actual damages under Illinois consumer-fraud law. He had not alleged that he paid more because of the USA claim, or that comparable foods without such labels cost less. She wrote that his estimate of the products’ worth was “too speculative to support an inference of actual damages.”
Bucklo denied the motion to strike class allegations as moot.
FAQ
What ingredient was at issue?
Ascorbic acid (vitamin C), which the plaintiff said is no longer made in the USA.
Why was the case dismissed?
The judge found the plaintiff had not adequately pleaded actual damages.
Did the judge rule on the label itself?
She favored the plaintiff’s view that the vitamin C was not necessarily negligible, but did not decide the claim on that basis.
Source & credit
Source: Cook County Record: “Wellpet wins dismissal of lawsuit claiming ‘Made in USA’ dog food label was misleading”, April 26, 2017.
Also: ConsumerAffairs: “Pet food class action suit falls through after failing to prove damages”, May 30, 2017.