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Champion Petfoods Not Liable for Trace Amounts of BPA in Product

On July 8, 2020, the District Court for the Eastern District of Wisconsin granted Defendant Champion Petfoods’ motion for summary judgment and dismissed a proposed class action which alleged that Champion Petfoods had deceptively marketed its pet food products, in part because they contained trace amounts of Bisphenol-A (BPA).

The Court, applying its precedent related to trace amounts of heavy metals in animal food products,  held that the failure to disclose trace, non-harmful amounts of BPA did not constitute misleading advertising because BPA is pervasive in the environment and present in many pet foods, and a decision holding Champion Petfoods liable would require virtually all pet food companies to pull their product from the Wisconsin market.

While false advertising claims based on the mere presence of BPA (in any amount) are likely to be dismissed, as the Court noted, claims which allege that an “excessive” amount of BPA is present or that BPA is present in a greater amount that other products, may present viable litigation theories.

© 2020 Keller and Heckman LLPNational Law Review, Volume X, Number 196

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Keller and Heckman offers global food and drug services to its clients. Our comprehensive and extensive food and drug practice is one of the largest in the world. We promote, protect, and defend products made by the spectrum of industries regulated by the U.S. Food and Drug Administration (FDA), the European Commission and Member States authorities in the European Union (EU) and similar authorities throughout the world. The products we help get to market include foods, pharmaceuticals, medical devices, veterinary products, dietary supplements, and cosmetics. In addition...

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