Origin, Acana Pet Food “Free-Run” Chicken Ingredients Class Action

Consumers nowadays prefer to buy from companies that raise animals humanely. Champion Petfoods USA, Inc. and Champion Petfoods, LP label some of their Orijen and Acana pet food products as being made from “free run” poultry, but the complaint for this class action alleges that they “actually are made from factory-farmed birds raised under standard industrial conditions…”

Images of two bags of Acana products, on pages 4 and 5 of the complaint, show the words “Free-Run Poultry Formula” and “Free-Run Poultry Recipe,” in bright orange letters on black backgrounds, near the center of the pet food bags. On the following page is an image from the “Free-Run Poultry Recipe” dog food that shows a man and a woman holding chickens, standing on a green lawn where chickens are pecking at the ground.

The complaint quotes the Acana website as saying, “Raised under the highest standards for animal care and food safety by people we know and trust, on family-run American farms, our freerun poultry and cage-free eggs are nourishing, natural, and antibiotic free.”

But the complaint says the chickens “actually are made from factory-farmed birds raised under standard industrial conditions—confined in crowded barns without outdoor access.”

Under an image of a man holding a chicken, on the website, is text beginning, “Our chicken is raised free-run by people we know and trust, like Todd of Clark Farms in Lexington, Kentucky.” The complaint alleges that the man in the image “is actually Greg Hefton, a contract grower for Tyson Foods—the largest poultry produced [sic] in the United States.”

The complaint claims that if the term “free-run” were used on chickens for human consumption, it would have to meet the standard set by the Department of Agriculture’s Food Safety and Inspection Service (PSIS). According to the complaint, “For poultry-product label claims synonymous with ‘free-range’ (e.g., ‘free-roaming’), PSIS requires documentation that the birds had continues free access to the outside throughout their normal growing cycle.”

Tyson is one of Champion’s suppliers, the complaint alleges, who “raise and kill chickens using a process that prioritizes cost efficiency and maximum output” with guidelines that “explicitly allow for practices that severely restrict birds’ freedom of movement…”

Two classes and a subclass have been defined for this action.

  • The National Class is all persons in the US who bought the products for personal use from the beginning of the statute of limitations period through the date the class is certified.
  • The Consumer Fraud Multi-State Class is all persons in California, Florida, Illinois, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Rhode Island, Washington, and Wisconsin who bought the products for personal use from the beginning of the statute of limitations period through the date the class is certified.
  • A California Subclass has been defined for persons in California.

For a (long) list of the products at issue, see the list on page 2 of the complaint at the link below.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Origin, Acana Pet Food “Free-Run” Chicken Ingredients Complaint

January 8, 2021

Consumers nowadays prefer to buy from companies that raise animals humanely. Champion Petfoods USA, Inc. and Champion Petfoods, LP label some of their Orijen and Acana pet food products as being made from “free run” poultry, but the complaint for this class action alleges that they “actually are made from factory-farmed birds raised under standard industrial conditions…”

Origin, Acana Pet Food “Free-Run” Chicken Ingredients Complaint

Case Event History

Origin, Acana Pet Food “Free-Run” Chicken Ingredients Complaint

January 8, 2021

Consumers nowadays prefer to buy from companies that raise animals humanely. Champion Petfoods USA, Inc. and Champion Petfoods, LP label some of their Orijen and Acana pet food products as being made from “free run” poultry, but the complaint for this class action alleges that they “actually are made from factory-farmed birds raised under standard industrial conditions…”

Origin, Acana Pet Food “Free-Run” Chicken Ingredients Complaint
Tags: Deceptive Advertising