Unpacking the Hills Prescription Diet Shortage: Causes, Lawsuits, and Concerns

The pet food industry has faced a series of challenges in recent years, ranging from ingredient sourcing issues to concerns about the potential link between certain diets and canine dilated cardiomyopathy (DCM). One prominent player in this landscape, Hill's Pet Nutrition, has been at the center of several noteworthy events, including product recalls and a significant lawsuit. Understanding the factors contributing to these events and their potential ramifications is crucial for pet owners, veterinarians, and industry stakeholders alike.

The FDA Investigation and DCM Concerns

In July 2018, the United States Food and Drug Administration (FDA) publicly announced an investigation into a possible correlation between certain dog foods and cases of DCM, a disease affecting dogs' heart muscles, resulting in an enlarged heart and potential congestive heart failure. The FDA's investigation focused on reports of DCM in dogs eating diets containing peas, lentils, other legume seeds, or potatoes as main ingredients, which were more common in formulations labeled as grain-free.

A year later, the agency released data indicating that 93% of the 524 reported DCM cases involved dog foods made with peas and/or lentils, while 90% of the afflicted dogs had eaten diets labeled as grain-free. It’s important to note that these reports included Hill’s Pet Nutrition products, such as Hill's Prescription Diet u/d canned and dry dog food (in a 2013 report involving an 8-year-old Dalmatian) and Hill's Ideal Balance Grain Free Chicken and Potato recipe.

Despite the initial concerns and the FDA's investigation, subsequent scientific research has not found conclusive evidence linking specific diets to DCM. Over 150 published studies did not reveal any firm connection between canine DCM and grain-free dog food. In December 2022, FDA investigators stated that they had insufficient data to establish causality among DCM case reports and pet food products eaten by afflicted dogs.

KetoNatural Lawsuit Against Hill's Pet Nutrition

Amidst the ongoing discussion about DCM and its potential causes, KetoNatural Pet Foods filed a proposed class-action lawsuit against Hill's Pet Nutrition on February 6. The lawsuit alleges that Hill's and a group of veterinarians conspired to manipulate the FDA into investigating the potential link between grain-free dog foods and DCM, with the intention of undermining public trust in other pet food brands, including KetoNaturals, and improving Hill's sales.

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Specifically, the lawsuit claims that Hill's instigated the FDA to investigate dog foods made with peas, lentils, other legume seeds, or potatoes as main ingredients, in an attempt to add gravitas to the supposed connection between some dog food formulations and DCM. The lawsuit suggests that Hill’s encouraged the FDA to investigate what the defendants came to describe as 'BEG' [boutique, exotic, grain-free] foods. According to the plaintiff's theory, the rush of reports would influence the FDA to investigate, which could then be publicized to pet owners. Just the existence of an investigation could draw a link in consumers’ minds between grain-free or non-traditional diets and DCM, although Hill’s allegedly knew there was no link proven by scientific research.

KetoNaturals seeks US$2.6 billion in damages from Hill’s, alleging violations of the Lanham Act, which addresses false or misleading advertising. According to Michael Annis, partner with law firm Husch Blackwell, the concept of filing a lawsuit under the Lanham Act by one competitor against another for allegedly falsely representing the character or quality of your product or that of your competitors is grounded in sound legal theory.

Hill's Pet Nutrition has denied the allegations, stating that it "operates with the utmost integrity in all aspects of our business" and that it believes "the allegations are without merit."

Ramifications of the Lawsuit

The outcome of the lawsuit could have significant ramifications for Hill's Pet Nutrition, the scientists named in the lawsuit, and KetoNaturals Pet Foods. If the allegations are ruled false, the veterinary researchers at Tufts University and other institutions could strike back, as the lawsuit seems to allege that the veterinarians violated the law and committed a crime of moral turpitude like serious fraud, deceit or lying.

On the other hand, if the allegations are determined to be true, there could be several outcomes, including actual damages suffered by the plaintiff and other brands included in the class action, disgorgement of profits illegitimately gained from the alleged bad acts, and corrective advertising.

Read also: Dog Digestive Care with Hill's i/d

Product Recalls Due to Vitamin D Toxicity

In addition to the DCM investigation and the KetoNatural lawsuit, Hill's Pet Nutrition has also faced product recalls due to elevated levels of Vitamin D. In early 2019, the company initiated a recall of certain canned dog foods after receiving complaints that dogs eating the food experienced vitamin D toxicity.

The recall was expanded several times in the following months after the FDA requested that Hill's test samples of foods it had produced that were not part of the original recall. Testing found that samples of the dog food contained excessive, potentially toxic amounts of vitamin D.

Symptoms of vitamin D toxicity in dogs include vomiting, loss of appetite, increased thirst, increased urination, excessive drooling, and weight loss. In severe cases, vitamin D toxicity can cause kidney failure and death.

List of Recalled Products

The following is a list of recalled dry dog food products provided to the FDA on January 31, 2019:

  • Hill’s Prescription Diet c/d Multicare Canine Chicken & Vegetable Stew 12.5 oz, SKU 3384

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    • Lot Code/Date Code: 102020T10
    • Lot Code/Date Code: 102020T25
  • Hill’s Prescription Diet i/d Canine Chicken & Vegetable Stew 12.5 oz, SKU 3389

    • Lot Code/Date Code: 102020T04
    • Lot Code/Date Code: 102020T10
    • Lot Code/Date Code: 102020T19
    • Lot Code/Date Code: 102020T20
  • Hill’s Prescription Diet i/d Canine Chicken & Vegetable Stew 5.5 oz, SKU 3390

    • Lot Code/Date Code: 102020T11
    • Lot Code/Date Code: 112020T23
    • Lot Code/Date Code: 122020T07
  • Hill’s Prescription Diet i/d Canine 13 oz, SKU 7008

    • Lot Code/Date Code: 092020T30
    • Lot Code/Date Code: 102020T07
    • Lot Code/Date Code: 102020T11
    • Lot Code/Date Code: 112020T22
    • Lot Code/Date Code: 112020T23
  • Hill’s Prescription Diet i/d Low Fat Canine Rice, Vegetable & Chicken Stew 12.5 oz, SKU 10423

    • Lot Code/Date Code: 102020T17
    • Lot Code/Date Code: 102020T19
    • Lot Code/Date Code: 112020T04
  • Hill’s Prescription Diet z/d Canine 5.5 oz, SKU 5403

    • Lot Code/Date Code: 102020T17
    • Lot Code/Date Code: 112020T22
  • Hill’s Prescription Diet g/d Canine 13 oz, SKU 7006

    • Lot Code/Date Code: 112020T19
    • Lot Code/Date Code: 112020T20
  • Hill’s Prescription Diet j/d Canine 13 oz, SKU 7009

    • Lot Code/Date Code: 112020T20
  • Hill’s Prescription Diet k/d Canine 13 oz, SKU 7010

    • Lot Code/Date Code: 102020T10
    • Lot Code/Date Code: 102020T11
  • Hill’s Prescription Diet w/d Canine Vegetable & Chicken Stew 12.5 oz, SKU 10129

    • Lot Code/Date Code: 102020T04
    • Lot Code/Date Code: 102020T21
  • Hill’s Prescription Diet w/d Canine 13 oz, SKU 7017

    • Lot Code/Date Code: 092020T30
    • Lot Code/Date Code: 102020T11
    • Lot Code/Date Code: 102020T12
  • Hill’s Prescription Diet z/d Canine 13 oz, SKU 7018

    • Lot Code/Date Code: 102020T04
    • Lot Code/Date Code: 112020T22
  • Hill’s Prescription Diet Metabolic + Mobility Canine Vegetable & Tuna Stew 12.5 oz, SKU 10086

    • Lot Code/Date Code: 102020T05
    • Lot Code/Date Code: 102020T26
  • Hill’s Prescription Diet Derm Defense Canine Chicken & Vegetable Stew 12.5 oz, SKU 10509

    • Lot Code/Date Code: 102020T05
  • Hill’s Science Diet Adult 7+ Small & Toy Breed Chicken & Vegetable Stew 12.5 oz, SKU 4969

    • Lot Code/Date Code: 102020T18
  • Hill’s Science Diet Puppy Chicken & Barley Entrée 13 oz, SKU 7036

    • Lot Code/Date Code: 102020T12
  • Hill’s Science Diet Adult Chicken & Barley Entrée Dog Food 13 oz, SKU 7037

    • Lot Code/Date Code: 102020T13
    • Lot Code/Date Code: 102020T14
    • Lot Code/Date Code: 112020T23
    • Lot Code/Date Code: 112020T24
  • Hill’s Science Diet Adult Turkey & Barley Dog Food 13 oz, SKU 7038

    • Lot Code/Date Code: 102020T06
  • Hill’s Science Diet Adult Chicken & Beef Entrée Dog Food 13 oz, SKU 7040

    • Lot Code/Date Code: 102020T13
  • Hill’s Science Diet Adult Light with Liver Dog Food 13 oz, SKU 7048

    • Lot Code/Date Code: 112020T19
  • Hill’s Science Diet Adult 7+ Chicken & Barley Entrée Dog Food 13 oz, SKU 7055

    • Lot Code/Date Code: 092020T31
    • Lot Code/Date Code: 102020T13
  • Hill’s Science Diet Adult 7+ Beef & Barley Entrée Dog Food 13 oz, SKU 7056

    • Lot Code/Date Code: 092020T31
    • Lot Code/Date Code: 112020T20
    • Lot Code/Date Code: 112020T24
  • Hill’s Science Diet Adult 7+ Turkey & Barley Entrée 13 oz, SKU 7057

    • Lot Code/Date Code: 112020T19
  • Hill’s Science Diet Adult 7+ Healthy Cuisine Braised Beef, Carrots & Peas Stew Dog Food 12.5 oz, SKU 10452

    • Lot Code/Date Code: 102020T14
    • Lot Code/Date Code: 102020T21
  • Hill’s Science Diet Adult 7+ Youthful Vitality Chicken & Vegetable Stew Dog Food 12.5 oz, SKU 10763

    • Lot Code/Date Code: 102020T04
    • Lot Code/Date Code: 102020T05
    • Lot Code/Date Code: 112020T11

The list of additional canned dog food products provided to the FDA on March 20, 2019, as part of an expanded recall includes:

  • Hill’s Prescription Diet k/d Kidney Care with Lamb Canned Dog Food 13 oz, 12-pack, SKU 2697

    • Lot Code/Date Code: 102020T25
  • Hill’s Prescription Diet c/d Multicare Urinary Care Chicken & Vegetable Stew Canned Dog Food, 12.5 oz, 12-pack SKU 3384

    • Lot Code/Date Code: 092020T29
  • Hill’s Prescription Diet c/d Multicare Urinary Care Chicken & Vegetable Stew Canned Dog Food, 5.5 oz, 24-pack SKU 3388

    • Lot Code/Date Code: 102020T18
  • Hill’s Prescription Diet i/d Digestive Care Chicken & Vegetable Stew Canned Dog Food, 12.5 oz, 12-pack SKU 3389

    • Lot Code/Date Code: 092020T28
    • Lot Code/Date Code: 102020T24
    • Lot Code/Date Code: 102020T25
  • Hill’s Prescription Diet i/d Low Fat Canine Rice, Vegetable & Chicken Stew 5.5 oz, 24-pack SKU 3391

    • Lot Code/Date Code: 092020T27
  • Hill’s Prescription Diet i/d Low Fat Digestive Care Rice, Vegetable & Chicken Stew Canned Dog Food, 12.5 oz, 12-pack SKU 10423

    • Lot Code/Date Code: 092020T27
    • Lot Code/Date Code: 092020T28
    • Lot Code/Date Code: 092020T24
  • Hill’s Prescription Diet g/d Aging Care Turkey Flavor Canned Dog Food, 13 oz, 12-pack SKU 7006

    • Lot Code/Date Code: 092020T22
  • Hill’s Prescription Diet w/d Digestive/Weight/Glucose Management Vegetable & Chicken Stew Canned Dog Food, 12.5 oz, 12-pack SKU 10129

    • Lot Code/Date Code: 112020T11
    • Lot Code/Date Code: 112020T05
  • Hill’s Prescription Diet w/d Digestive/Weight/Glucose Management with Chicken Canned Dog Food, 13 oz, 12-pack SKU 7017

    • Lot Code/Date Code: 102020T24
    • Lot Code/Date Code: 102020T25
    • Lot Code/Date Code: 112020T09
    • Lot Code/Date Code: 112020T10
  • Hill’s Prescription Diet r/d Canine 12.3 oz, 12-pack SKU 7014

    • Lot Code/Date Code: 092020T21
    • Lot Code/Date Code: 102020T27
    • Lot Code/Date Code: 102020T28
  • Hill’s Prescription Diet Digestive Care with Turkey Canned Dog Food, 13 oz, 12-pack SKU 7008

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