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IAMS Premium Dog Food Mislabeled as Grain Free
Dogs can –and often do– have allergic reactions to certain foods, including those that contain grains, such as corn, wheat, or soy. Dog owners who purchased IAMS Proactive Health Sensitive Skin & Stomach Grain-Free Recipe with Chicken & Peas are experiencing feelings of unease.
A 2018 study showed findings of mislabeled ingredients in 30 different major brands of premium dog food.
Premium Dog Food Mislabeled
Despite the “No Wheat & No Soy” label and advertisements, testing showed the IAMS Premium Dog Food contained a considerable amount of corn and soy. Unfortunately, mislabeling is becoming common in pet foods used for “elimination diets”.
On September 16, 2019 we filed a complaint against Mars Petcare Us, Inc. the designer, manufacturer and distributor of IAMS Proactive Health Sensitive Skin & Stomach Grain-Free Recipe with Chicken & Peas. In the complaint, Plaintiffs allege they purchased the IAMS Premium Dog Food that contained non-conforming ingredients in violation of the express warranty, implied warranties, and a violation of various consumer fraud statutes.
On November 20, 2020, Judge Waverly Crenshaw Jr. issued an order on Defendant’s Motion to Dismiss that left intact an express warranty claim, a consumer fraud claim, an implied warranty of merchantability claim, a Magnusson Moss warranty claim, and an unjust enrichment claim.
Violations of Products Liability Law
When manufacturers actively mislabel pet products in the marketplace, they are not only endangering the lives of dogs whose owners trusted in the brands representations, they’re also breaking the law. Products liability law refers to a theory of liability under which a manufacturer or seller can be held financially responsible for damages caused by defective products reaching the hands of consumers.
Consumer product manufacturers must properly vet and test their products before releasing them into the market. Products liability law can potentially hold all companies within the manufacturing and distribution chain accountable for the faulty product.
Why Consumers Need Protection
Products liability law is especially important in todays’ market climate. With the ease and accessibility of online ordering, consumers rely on products being advertised and sold online have not only met, but also surpassed consumer health and safety standards. Online retailers like Amazon, have recently come under scrutiny for avoiding responsibility for faulty third-party products being sold on their websites.
Products Liability Attorneys
A consumer who has purchased a mislabeled product may feel like they have been made a fool of, first with the wasteful purchase of an inadequate product and then with the damages caused by its failure. Consumers have the right to purchase products that function as intended and simply contain the ingredients the express warranty states.
If you or a loved one bought a defective consumer product, the experienced trial lawyers at Whitfield Bryson LLP can explain your legal options and help you recover. Contact us today.
Dan Bryson
Founding Partner
For over 28 years, Dan has focused his practice on complex civil litigation, successfully representing thousands of owners in a wide variety of defective construction product suits, class actions, and various mass torts and recovering more than $1.25 billion for his clients in numerous states throughout the country.
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