Consumers are suing Champion Pet Food in Minnesota, California, and Florida for “False Advertising,” “Violations of Feed Law,” and a number of other offenses. Heavy metal testing results are included in the lawsuit, along with evidence that this dry dog food contains BPA, a chemical that is typically not found in dry or kibble pet foods.
Consumers from Minnesota, California, and Florida are currently represented in this class action lawsuit. For “their negligent, reckless, and/or intentional practice of misrepresenting and failing to fully disclose the presence of heavy metals and toxins in their pet food sold throughout the United States,” the consumers are suing Champion Pet Food. On behalf of the proposed Classes (described below), the plaintiffs are requesting both injunctive and monetary relief. They also want full disclosure of all such substances in marketing, advertising, and labeling as well as the return of funds to the participants in the proposed Classes. ”.
Intriguingly for a kibble pet food, the lawsuit alleges that Champion pet foods (Acana and Orijen) “contain levels of arsenic, mercury, lead, and cadmium” that are “known to pose health risks to humans and animals, including dogs.”
The levels of heavy metals found in Champion Pet Food, according to the results of the tests, appear to be below what is known as the “Maximum Tolerable Level of Minerals in Feed,” according to the authorities.
As an illustration, the FDA enforces the recommendations found in the 2005 National Research Council (NRC) publication Mineral Tolerances for Animals. The NRC provides a chart listing the maximum tolerable level for various species in this publication (which is a pay publication, not one that is available to the general public for free). Dogs and cats are not listed within the NRC chart. The closest species provided in the NRC publication is rodents.
The Acana and Orijen dog foods had the highest level of arsenic, which was 3256. 40 mcg/kg (microgram per kilogram). The highest amount of arsenic discovered in Acana and Orijen dog foods was 3 micrograms per milligram. 2564 mg. The NRC maximum tolerable level for rodents, and we presume dogs and cats, is well below that level.
However, the majority of the science that the NRC consulted in establishing their maximum tolerable levels was based on short-term research. Little thought was/is given to cats and dogs who eat pet food containing higher levels of heavy metals over the course of their lifetimes. According to the 2005 NRC Mineral Tolerances publication, dogs fed “2 3 and 4. Only “183 days” of exposure to 6 mg per day per kilogram of body weight resulted in “decreased weight gain and food intake”; 183 days is not a reasonable time frame to base a pet’s health on when exposure could last years.
The heavy metal content health risks cited in the lawsuit will be contested by attorneys.
The majority of pet food consumers are aware that canned pet foods may contain BPA, but not dry or kibble pet foods, so what about the BPA found in Champion pet foods?
“Defendants market the Contaminated Dog Foods as “Biologically Appropriate,” using “Fresh Regional Ingredients” made up of 100 percent meat, poultry, fish, and/or vegetables, both on the products’ packaging and on Defendants’ websites,” according to the lawsuit. Additionally, the defendants spend a lot of time advertising their DogStar® Kitchens on the web and on their packaging, telling customers that these facilities “are the most advanced pet food kitchens on earth, with standards that rival the human food processing industry.” ”.
If “fresh regional ingredients” are used and processed in “the most sophisticated pet food kitchens on earth,” where did the BPA come from?
According to a 2002 study titled “Determination of Bisphenol A in Canned Pet Foods,” dog food samples had BPA levels ranging from “11 to 206 ng/g.”
The results of this study’s nanogram per gram (ng/g) experiment match those of the lawsuit’s microgram per kilogram (ug/kg) experiment.
Testing of Orijen and Acana BPA levels ranging from 0 to 102 is mentioned in the lawsuit. 70 ug/kg. Results for canned pet food weren’t quite as high, but they were still significantly higher than what one would anticipate to find in kibble pet food.
It will be very interesting to follow this case and learn about any upcoming developments or arguments on both sides. As more is learned, it will be shared.
Author and co-author of Buyer Beware and Dinner PAWsible TruthaboutPetFood Susan Thixton is an advocate for pet food safety. com Association for Truth in Pet Food.
Where Does the Orijen Class-Action Lawsuit Stand Now?
As of Aug. 15, 2019, Weaver v. Champion Petfoods USA Inc. et al. was still making its way through the legal system.
“Targeted by Frivolous Claims and Lawsuits”
Champion stated on its website (which has since been archived here) that it “is being targeted by frivolous claims and lawsuits, and we will continue to vigorously defend ourselves.” ”.
In February 2019, a federal judge dismissed the claims in the Wisconsin case and entered judgment in favor of Champion. The court noted that if a claim could be made against products marketed as healthful but that also happened to contain naturally occurring heavy metals, “consumers would have grounds to sue the manufacturer of nearly every product in a typical grocery store.”
Plaintiffs in these lawsuits, according to Champion, have changed their emphasis from their initial claim regarding heavy metals to criticizing arbitrary statements on our bags. This suggests that these lawsuits are in fact frivolous. Quite clearly the plaintiffs are grasping at straws. ”.
The business continues, “We feel that we have been unfairly targeted by the plaintiffs and their law firms due to the high quality of our ingredients and the related price point. ”.
Well, perhaps one of the biggest reasons is that attorneys general are afraid of being sued personally on behalf of their clients.
Pia Farber, one of Florida’s most well-known lawyers, represented the plaintiffs in the Acana lawsuit. Ms. The class-action lawsuit’s attorneys were informed by Farber that her preferred approach to evaluating the health risks of feeding our dogs Acana was to merely use metrics like “body weight,” “blood tests,” and “radiation exposure.” This type of research is obviously unable to produce precise or trustworthy scientific evidence in support of the plaintiffs’ claims.
Another reason why these lawsuits are doomed to fail is that many scientists are beginning to understand that long-term exposure to naturally occurring heavy metals raises far more serious health concerns than are currently understood.
Numerous studies have been conducted that demonstrate that prolonged exposure to these metals causes the formation of cancerous cells in humans. These studies have also demonstrated that if the currently authorized manufacturers do not take note of this information and immediately stop producing any dog foods containing lead or arsenic, far worse consequences will be in store for our children. Additionally, it has been demonstrated that the symptoms of severe depression are very similar to those of lead and arsenic poisoning!
FAQ
What happened Acana lawsuit?
Plaintiffs asserted that some of the red-meat versions of Acana and Orijen may have been contaminated with a controlled substance and that Champion failed to adequately test for the presence of heavy metals. The U. S. The district court’s decision to dismiss the complaint was upheld by the Court of Appeals for the Tenth Circuit.
Is Acana dog food toxic?
According to the class action lawsuit against Champion Petfoods, this dog food also contains mercury and lead, which can accumulate over time and result in serious medical problems for dogs. For instance, lead buildup has been connected to neurological damage, reproductive and developmental problems, and chronic poisoning.
Has Acana dog food ever had a recall?
♥ No recalls. Acana is produced by Champion Petfoods, a Canadian company. The goods, which include dog and cat treats and food, are created to be biologically suitable for use by animals.
What dog food is better than Acana?
Orijen is another brand that is at the top of our list of the best dog foods thanks to its amazing company values and high-quality ingredients. The sister company of Orijen, ACANA, is one of their main competitors in the market for premium dog food, along with From and Zignature.