Prescription Pet Food Class Action Lawsuit

Pope McGlamry has recently filed a class action suit on behalf of consumers who have been overcharged by the manufacturers and retailers of prescription pet food.  If you’ve bought any of the following brands of prescription pet food below, contact Pope McGlamry today.

  • 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

 

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What is Prescription Pet Food?

Prescription pet food is dog and cat food that is sold to the consumer with a prescription from a veterinarian.  However, the prescription requirement comes from the manufacturers and sellers and is not mandated by federal – or any other — law.  There is no legal mandate for a prescription from the FDA or any other government agency.  Furthermore, there is no significant difference between pet food sold by prescription and regular pet food sold without a prescription – other than a significant price differential.  There are no drugs or medicines in prescription pet food, and the FDA has made no assessments of these products.

Defendants involved in the class action include 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.  Banfield Pet Hospital is the largest chain of veterinary clinics in the United States, and typically operates out of PetSmart.  BluePearl Vet Hospital is the largest chain of veterinary emergency care clinics in the United States.  Pet food manufacturer Mars has a majority ownership stake in Banfield Pet Hospital and wholly owns BluePearl Vet Hospital.

Pope McGlamry along with Ward and Smith, Walkup Melodia Kelly & Schoenberger and Gray Plant Mooty assert that pet food manufacturers, and their affiliates, have deceptively marketed this pet food as requiring a prescription. Furthermore, that they colluded to create a market for prescription pet food and to sell this food at prices higher than the prices of regular pet food.

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.

Free Case Evaluation