A legal battle is underway, with significant implications for the pet food industry and pet owners alike. KetoNatural Pet Foods has filed a lawsuit against Hill's Pet Nutrition, alleging a coordinated campaign to mislead the public about the safety of grain-free pet foods and Hill's selling "prescription" food without FDA approval. This article breaks down the details of the lawsuit, the accusations against Hill's, and the potential ramifications for the company, the veterinary community, and pet owners.
The Central Allegations
The lawsuit, filed in Kansas on February 6, 2024, is a detailed indictment of Hill's Pet Food, the Morris Animal Foundation, the Mark Morris Institute, and several veterinarians, including Dr. Lisa Freeman, Dr. Joshua Stern, and Dr. Darcy Adin. The core claim is that these entities engaged in "an egregious, wide-ranging, and damaging campaign of coordinated, for-profit, faux-scientific misinformation by a large corporation" to falsely link grain-free pet foods to canine heart disease (DCM).
According to the lawsuit, Hill's aimed to persuade American pet owners that grain-free diets were not just a fad but dangerous for dogs, with the ultimate goal of undermining the grain-free sector of the pet food market. The suit alleges that Hill's leveraged its close ties to the veterinary community and its position as a leading manufacturer of "prescription-only" diets to amplify its message.
Specifically, the lawsuit claims that Hill's and its associates instigated the FDA to investigate dog foods containing peas, lentils, other legume seeds, or potatoes as main ingredients, attempting to add weight to the alleged connection between these formulations and DCM. The plaintiff suggests this was akin to influencing the FDA's reporting portal to trigger an investigation that would then be publicized to pet owners, creating a link in consumers' minds between grain-free diets and DCM, even though the plaintiff alleges Hill's knew there was no proven scientific link.
Background: Market Share and Motivation
The lawsuit paints a picture of Hill's facing declining market share in the years leading up to 2018, as "non-traditional," independent brands gained popularity, particularly those offering grain-free options. From 2011 to 2017, sales of grain-free dog foods reportedly rose from 15% to 44% of all dog food sales in American pet specialty stores. The lawsuit contends that while Purina, a larger and more diversified company, weathered this shift, Hill's annual revenues remained stagnant, and its market share dropped by over 20%.
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The lawsuit alleges that Hill's embarked on a "drastic and unlawful course" to reverse this decline, beginning no later than 2018.
Key Players and Their Alleged Roles
The lawsuit highlights the involvement of specific individuals, particularly Dr. Lisa Freeman and Dr. Darcy Adin, alleging that a significant portion of the DCM cases reported to the FDA came from them. The lawsuit claims that these individuals deliberately chose an unrepresentative group of cases to present to the FDA.
The lawsuit also scrutinizes Hill's influence within veterinary schools and Dr. Freeman's previous criticisms of raw pet food.
FDA's Investigation and Findings
In July 2018, the FDA publicly announced its investigation into a possible connection between certain dog foods and DCM, focusing on diets containing peas, lentils, other legume seeds, or potatoes as main ingredients, which were common in grain-free formulations.
In December 2022, the FDA stated that they had insufficient data to establish causality among DCM case reports and pet food products eaten by afflicted dogs.
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The Lanham Act and False Advertising
Michael Annis, a partner with law firm Husch Blackwell, explained that the lawsuit invokes the Lanham Act, which addresses false or misleading advertising. The legal theory is that Hill's allegedly misrepresented the character or quality of its competitors' products (grain-free pet foods) to boost its own sales.
What's at Stake: Potential Outcomes
The lawsuit seeks US$2.6 billion in damages from Hill's. The outcome could have serious ramifications for Hill's Pet Nutrition, the scientists named in the lawsuit, and KetoNaturals Pet Foods.
If the allegations are proven false, the veterinary researchers could face significant damage to their professional reputations. On the other hand, if the allegations are determined to be true, Hill's could face substantial financial penalties, including actual damages to the plaintiff and other brands, disgorgement of profits, and the requirement to conduct corrective advertising.
Hill's Response
Hill's Pet Nutrition has stated that it operates with the utmost integrity and believes the allegations are without merit, vowing to defend its position vigorously.
The Illinois Consumer Fraud and Deceptive Business Practices Act
The lawsuit also addresses whether Hill's marketing and sale of its Prescription Diet® branded pet food pursuant to a veterinary prescription is deceptive under the Illinois Consumer Fraud and Deceptive Business Practices Act ("Act") because the products do not contain a drug or medicine and are not actual prescription products legally required to be sold by prescription. It is also about whether Hill's marketing and sale of Prescription Diet® pet food as requiring a veterinary prescription and as intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in pets, even though the products have not been approved by the Food and Drug Administration, is unfair under the Act because such conduct violates public policy, or is unethical or unscrupulous. Finally, it is about whether Hill's conduct caused consumers to overpay for Prescription Diet® products.
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Hill's strongly disputes these allegations and contends that its practice of selling Prescription Diet® pet food only to consumers whose veterinarians have prescribed it is in the best interest of pets and is no way deceptive, unfair, unethical, or unscrupulous. Hill's further contends that it has not done anything to cause consumers to overpay for Prescription Diet® products.
Class Action Details for Illinois Residents
The Court has decided that everyone who fits the following description is a Class Member: All Illinois residents who purchased Hill's Prescription Diet® pet food from any retailer (including any veterinary clinic) in Illinois since March 2, 2014.
If you are a Class Member, you must choose whether to stay in the Class. If you stay in the Class, you keep the possibility of getting money or benefits that may come from a trial or settlement of this lawsuit, but you give up any rights to sue Hill's separately about the legal claims asserted in this lawsuit, and you will be bound by the outcome of the lawsuit. To exclude yourself from the lawsuit, you must send a letter asking to be excluded.
Dilated Cardiomyopathy (DCM) Explained
DCM affects dogs’ heart muscles, resulting in an enlarged heart. As the heart and its chambers become dilated, pumping becomes more difficult, and heart valves may leak, leading to a buildup of fluids in the chest and abdomen. DCM often results in congestive heart failure. Heart function may improve in cases that are not linked to genetics with appropriate veterinary treatment and dietary modification if caught early. Breeds that are typically more frequently affected by DCM include large and giant breed dogs, such as Great Danes, Boxers, Newfoundlands, Irish Wolfhounds, Saint Bernards, and Doberman Pinschers. It is less common in small and medium breed dogs, except American and English Cocker Spaniels.
The Broader Context: FDA's Ongoing Investigation
The FDA's investigation into DCM and its potential link to certain diets has been ongoing for several years. While the agency has not established a causal relationship, it continues to monitor the situation and provide updates to the public.
A Timeline of Key Events in the DCM Investigation
- July 2018: The FDA announces its investigation into reports of DCM in dogs eating certain pet foods, many labeled as "grain-free."
- June 2019: The FDA releases data stating that 93% of the 524 reported cases of DCM involved dog foods made with peas and/or lentils, while 90% of the afflicted dogs had eaten diets labeled as grain-free.
- December 2022: The FDA states that it does not intend to release further public updates until there is meaningful new scientific information to share.
The Impact on Pet Food Sales
Following the FDA's initial announcements, brands correlated to DCM cases experienced sales declines. However, scientists have not found conclusive evidence connecting specific diets to DCM.
What Pet Owners Can Do
Pet owners concerned about DCM should consult with their veterinarians to discuss appropriate diet choices for their pets. It is also essential to report any suspected cases of DCM to the FDA.