The J.M. Smucker Company owns both 9Lives, Kibbles ’n Bits, and Meow Mix brands of pet foods. But the complaint for this class action alleges the labels on the pet foods misleadingly claim they are healthy for pets, when in reality, (1) the foods contain the additive titanium dioxide (TiO2) and (2) the packaging of the foods contains per- and polyfluoroalkyl substances (PFAS).
The class for this action is all persons in the US who, from the applicable statute of limitations period through the date of final judgment in this case, bought any of the products at issue. A California subclass has also been defined for those in the above class who bought the products in California. The products at issue include the following:
- All flavors of 9Lives, including Daily Essentials, Indoor Complete, Seafood & Poultry Favorites, and Plus Care.
- All flavors of Kibbles ’n Bits, including Original, Bacon and Steak, Bistro, Mini Bits, Complete and Balanced, and Homestyle.
- All flavors of Meow Mix, including Original Choice, Tender Centers, Irresistible, Indoor Health, Seafood Medley, Bistro Recipes, Ocean Explosion, and others.
The complaint alleges that the various labels for the products imply that the pet foods are healthful for animals, with such claims as that the food will contribute to “strong muscles,” “healthy heart and vision,” and “healthy skin & coat;” or that it will provide “100% Complete and Balanced Nutrition for Adult Dogs” or “100% Complete and Balanced Nutrition for Adult Cats” with “All Essential Vitamins and Minerals.”
Unfortunately, the complaint also claims that the foods contain TiO2. According to the complaint, research has found TiO2 to be “unhealthy and unsafe for consumption.”
It alleges that Smucker “has known of the health problems posed by TiO2 since at least February 2014 when big players in the food market publicly announced they would no longer use the additive in products due to health concerns.” It also claims that major pet food sellers also announced they would not sell pet food containing TiO2.
As of May 2021, the complaint alleges, the European Food Safety Authority has considered TiO2 as not safe for consumption by people or animals. The European Commission also announced it would ban the substance as a food additive and for all species.
Also, according to the complaint, PFAS “are incredibly mobile” and migrate from the packaging into the food itself. The complaint alleges that the Smucker products “contained the highest levels of total fluorine indicating PFAS[,]” higher than those in competing products. PFAS do not break down easily and accumulate within the body.
“Indeed,” the complaint alleges, “animal studies have found that PFAS can cause, among other serious effects, damage to the liver and immune system, various cancers, such as kidney and testicular concerns, and increased cholesterol levels.”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Kibbles ’n Bits, 9Lives, Meow Mix Contain TiO2 and PFAS Complaint
November 4, 2022
The J.M. Smucker Company owns both 9Lives, Kibbles ’n Bits, and Meow Mix brands of pet foods. But the complaint for this class action alleges the labels on the pet foods misleadingly claim they are healthy for pets, when in reality, (1) the foods contain the additive titanium dioxide (TiO2) and (2) the packaging of the foods contains per- and polyfluoroalkyl substances (PFAS).
Kibbles ’n Bits, 9Lives, Meow Mix Contain TiO2 and PFAS ComplaintCase Event History
Kibbles ’n Bits, 9Lives, Meow Mix Contain TiO2 and PFAS Complaint
November 4, 2022
The J.M. Smucker Company owns both 9Lives, Kibbles ’n Bits, and Meow Mix brands of pet foods. But the complaint for this class action alleges the labels on the pet foods misleadingly claim they are healthy for pets, when in reality, (1) the foods contain the additive titanium dioxide (TiO2) and (2) the packaging of the foods contains per- and polyfluoroalkyl substances (PFAS).
Kibbles ’n Bits, 9Lives, Meow Mix Contain TiO2 and PFAS Complaint