Dogs, like human beings, can have allergic reactions to certain foods. Dog foods nowadays may be advertised as excluding certain ingredients, such as wheat, which may cause allergic reactions or may be used as an inexpensive filler. The complaint for this class action brings suit against Diamond Pet Foods, Inc. and Costco Wholesale Corporation, which offers the Kirkland brand of products, alleging that their Kirkland Nature’s Domain line of dog food purports to be “grain free” when it is not.
The class for this action is all persons living in the US and its territories who, between November 3, 2016 and the present, bought the Kirkland products primarily for personal, family, or household purposes and not for resale. Alternatively, or additionally, the complaint defines Washington and New York Subclasses of those living in those states.
Among the products at issue are Kirkland Nature’s Domain Turkey Meal & Sweet Potato Formula for Dogs and Kirkland Nature’s Domain Puppy Chicken and Pea Formula.
Kirkland is a Costco brand, and Diamond makes the dog food sold under the brand. Dog foods are made with a variety of ingredients, formulas, and manufacturing processes, so that they vary widely in content and quality.
The Kirkland Nature’s Domain products claim to be “grain-free” and “formulated using specific, limited ingredients.” The complaint quotes the products’ website as saying, “Grain-free: This formula provides your special pet with optimal nutrition for overall good health.” The dog foods are sold at a higher price than others.
The complaint reproduces images of the front and back of the bags, which repeat the “grain-free” claim and provide ingredient lists that do not include wheat.
However, in reality, the complaint alleges, the products contain wheat and other unlisted ingredients.
Plaintiffs Bradley Shaw and Thomas McCarthy each bought bags of the Nature’s Domain food for their dogs. The complaint says, “Although the Kirkland Products were more expensive than other choices [they] viewed, [they] chose to pay the premium price based upon the ‘limited ingredient’ promises…” It asserts that if they had known that the food contained ingredients that were not listed, neither of them would have paid a premium price for it.
Since the representations were material to their purchasing decisions, the complaint claims, they did not receive the benefit of the bargain when they bought the dog food.
The counts include breach of express warranty, breach of implied warranty of merchantability, and unjust enrichment. In addition, they allege violations of state laws for Washington and New York.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Kirkland Nature’s Domain Dog Foods Improper Labeling Complaint
November 3, 2020
Dogs, like human beings, can have allergic reactions to certain foods. Dog foods nowadays may be advertised as excluding certain ingredients, such as wheat, which may cause allergic reactions or may be used as an inexpensive filler. The complaint for this class action brings suit against Diamond Pet Foods, Inc. and Costco Wholesale Corporation, which offers the Kirkland brand of products, alleging that their Kirkland Nature’s Domain line of dog food purports to be “grain free” when it is not.
Kirkland Nature’s Domain Dog Foods Improper Labeling ComplaintCase Event History
Kirkland Nature’s Domain Dog Foods Improper Labeling Complaint
November 3, 2020
Dogs, like human beings, can have allergic reactions to certain foods. Dog foods nowadays may be advertised as excluding certain ingredients, such as wheat, which may cause allergic reactions or may be used as an inexpensive filler. The complaint for this class action brings suit against Diamond Pet Foods, Inc. and Costco Wholesale Corporation, which offers the Kirkland brand of products, alleging that their Kirkland Nature’s Domain line of dog food purports to be “grain free” when it is not.
Kirkland Nature’s Domain Dog Foods Improper Labeling Complaint