PITTSBURGH – Whether a class action lawsuit brought against Champion Petfoods for alleged false and misleading marketing of its dry dog food products can move forward is being reviewed by a Pennsylvania federal judge after Champion filed a motion to dismiss the case.
According to the March 29 U.S. District Court for the Western District of Pennsylvania filing, Champion Petfoods, USA Inc. and Champion Petfoods LP filed a motion to dismiss the class action suit filed by Anthony Cesare, Elizabeth Donatucci, Taylor Kennedy and others.
"Plaintiffs have not pled any facts which suggest that any of the statements on Champion’s packaging were false or misleading," Champion said in its motion to dismiss. "The few allegations in the Amended Class Action Complaint directed to purportedly 'exponentially high levels' of heavy metals (which occur naturally in ingredients used to make Champion’s protein-rich diets) remain nothing but speculation and conjecture."
In their May 2 response in opposition filing, the plaintiffs said that "in truth, Champion produces its dog food from animal byproducts, does not source its ingredients regionally, and its ingredients are never fit for human consumption prior to inclusion in its foods because they contain hair, high levels of heavy metals, and almost no valuable muscle meat."
The plaintiffs accuse Champion of violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Laws, fraudulent omission and negligent misrepresentation.
In a recent statement provided to the Pennsylvania Record, Champion Petfoods called the plaintiffs' complaints "baseless" and said the company "will not be deterred from our mission to make safe and healthful foods."
Attorneys for the plaintiffs are Aaron Rihn of Robert Peirce & Associates, P.C., and Charles Schaffer and David Magagna Jr., with Levin, Sedran & Berman, LLP.
Attorneys for the defendants are Cathy Gordon and Vincent Lamperski of Litchfield Cavo LLP and David Coulson and Elisa Hevia with Greenberg Traurig, P.A.