Class Action Filed for Prescription Pet Food

What is Prescription Pet Food?

Class Action Lawsuit Filed for These Brands of Prescription Pet Food
Purina Pro Plan Veterinary Diets
(Including Pro Plan CN, DRM, EN, Fortiflora, HA, JM, NC, NF, OM and UR.)

Royal Canin Veterinary Diet
Iams Veterinary Formula
Hill’s Prescription Diet

Prescription pet food is dog and cat food that is sold to consumers who own ill or unhealthy pets, and that can be purchased only at veterinary clinics or elsewhere with a “prescription” from a veterinarian. But there is no requirement for a veterinary prescription for this food from the FDA or any other government agency. There are no drugs or medicines in prescription pet food, and the FDA has not assessed the safety or efficacy of this food in treating sick pets. The prescription requirement is mandated by the manufacturers and enforced by sellers. It is not required by federal–or any other–law. The only significant difference between pet food that can be purchased over-the-counter and by prescription only is the price.
Defendants in these lawsuits have so far included the following manufacturers and retailers:

Mars Petcare US, Inc. (Royal Canin & Iams)
Nestle Purina Petcare, Co. (Purina)
Hill’s Pet Nutrition Inc. (Hill’s)
PetSmart, Inc.
Banfield Pet Hospital (Medical Management International, Inc.)
BluePearl Vet Hospital (BluePearl Vet, LLC)

Deceptively Marketed Pet Food

PetSmart is a major retail seller of prescription pet foods, both in-store and online. Banfield Pet Hospital is the largest chain of veterinary clinics in the United States, and typically operates out of PetSmart locations. BluePearl Vet Hospital is the largest chain of veterinary emergency care clinics in the United States. Pet food manufacturer Mars is the majority owner of Banfield Pet Hospital and wholly owns BluePearl Vet Hospital.

Pope McGlamry, along with co-counsel Forde & O’Meara, Ward and Smith, Walkup Melodia Kelly & Schoenberger. and Bartimus Frickleton Robertson Rader, assert that pet food manufacturers, and their affiliates, have deceptively marketed this pet food as requiring a prescription, and that they have colluded to create a market for prescription pet food and to sell this food at prices higher than the prices of regular pet food.

PMKM Press Release re Class Cert in IL
9th Circuit Opinion Reviving State Claims
8th Circuit Opinion Remanding Class to KS State Court

Have You Purchased Prescription Pet Food?
If you have purchased any of these prescription pet foods over the past three years, you could be part of this class action lawsuit to recover the money you overpaid, along with additional damages. If you have any information about this practice or these pet foods, we are continuing our investigation and would be interested in speaking with you. Please contact Pope McGlamry today by submitting a free case evaluation or calling (844) 321-9425.