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Is Pet Food the Next Front for “Natural” Lawsuits?

  • class action lawsuit has been filed against Rachel Ray’s Nutrish dog food brand, alleging that “natural” claims were false and misleading under state consumer protection laws, based on testing that showed the presence of glyphosate residues.
  • Glyphosate, commonly known as Roundup®, is an EPA-approved herbicide that is used on food crops, including crops that have been genetically modified to be resistant to glyphosate (e.g., canola, corn, soy, sugar beet, and wheat).
  • While many human foods (e.g., granola bars, cereal, green tea, oatmeal, honey) have been the subject of lawsuits challenging natural claims based on glyphosate residues, other consumer products have not faced as many challenges for natural claims.  The lawsuit against Nutrish could be a harbinger of more challenges for “natural” claims in the pet food sector, where such claims have proliferated in recent years
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About this Author

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...