Aggregated claims of over 100 proposed class members sue for alleged “Gluten-Free” Mistaken Claim on Dog Food

A class-action suit on behalf of “Plaintiff," representing a class of over 100 consumers, was filed against Costco Wholesale Corporation and Schell & Kampeter, Inc. d/b/a/ Diamond Pet Foods Inc, in the U.S. District Court for the Western District of Washington recently.

As the legal complaint notes, “The aggregated claims of the individual class members exceed the sum or value of $5,000,000.00 exclusive of interest and costs, and some of the members of the proposed class are citizens of states different from each of the Defendant.”

At the heart of this lawsuit is the alleged addition of grains as a hidden ingredient in numerous dog foods labeled as “grain-free” Kirkland products sold in Costco.

As shown in evidence by “Plaintiffs,” the dog food printed on both the front and the back of the dog food products clearly labeled the products “Grain-Free.” The list of ingredients on the dog food packaging did not disclose wheat or any other grains present in the recipe.

Just like many of the 76,811,305 dog owners in the US, pets can also be allergic to specific ingredients in food such as grains, and they can suffer serious medical reactions due to their allergies.

Gluten, a protein found primarily in wheat and grains such as oats, rye and barley, can be extremely problematic for dogs who have a gluten intolerance. Just like humans, dogs can also suffer from Celiac Disease, a condition also known as gluten-induced enteropathy. This allergy to grains causes the proteins in the grains to break down the lining of the dogs’ stomach, which can then lead to serious medical issues or even permanent damage.

The plaintiffs in this case allege that “Defendants’ dog foods purport to be “grain-free” and formulated using specific, limited ingredients. But, in reality, they contain wheat and other unlisted ingredients.”

In what is expected to be a hotly debated legal case, it’s not what is missing from the high-end, higher-priced grain-free pet food that is on trial, but instead, what has allegedly been added to the recipe in an alleged clear contradiction to the labeling of the products.

The specific dog foods noted in the lawsuit include the Defendants’ Kirkland Nature’s Domain “Turkey Meal & Sweet Potato Formula for Dogs” and Kirkland Nature’s Domain Puppy “Chicken and Pea Formula” (collectively “Kirkland Products”). Both products claim to be “for the health and well‐being of … pets.” Kirkland is Costco’s private label brand and is only available in their stores.

Overall, the pet industry brings in more than $74.6 Billion per year, with natural and grain-free foods a growing trend.