New Class Actions Target “Made in USA” Pet Food From Purina, WellPet, Tyson and Milo’s Kitchen

A run of proposed class actions filed in January and February 2016 claimed that major pet food and treat brands labeled “Made in USA” used imported ingredients. On Feb. 1, 2016, an Illinois dog owner sued Nestlé Purina and WellPet, weeks after similar California suits against Tyson Foods and the maker of Milo’s Kitchen.

Purina and WellPet

Marsha Sensenig of Lee County, Illinois, filed both complaints in federal court in Rockford. The Purina suit focused on Ultramix grain-free and poultry-free adult dog food and other foods labeled “Made with Love IN THE USA.” She claimed the foods contained foreign-sourced tapioca and vitamin, mineral and amino acid packs, and that the vitamin C was not made in the USA. The suits sought classes in Illinois and several other states. Cook County Record later reported that the plaintiff voluntarily dismissed the suits on June 17, 2016.

Tyson and Milo’s Kitchen

On Jan. 11, 2016, Susan Fitzpatrick of Placer County, California, filed two suits in federal court in Sacramento. One targeted Tyson pet treats, including Nudges, which she bought at a Walmart in Roseville. The other targeted Milo’s Kitchen treats, made by Big Heart Pet Brands, part of J.M. Smucker. Both claimed that imported tapioca and vitamin, mineral and amino acid packs made the Made in USA labels false under California law.

The companies

Tyson said its pet treats “are made with meat and poultry produced right here in the United States” and that labeling them Made in USA “is entirely consistent with applicable law.” Smucker said it would “vigorously defend” the Milo’s Kitchen case.

The Tyson suit was later dismissed, and the Ninth Circuit upheld that dismissal in 2018; see our coverage. WellPet faced a separate Made in USA suit over imported vitamin C that was dismissed in 2017 (coverage).