A new lawsuit filed in New York against Big Heart Pet Brands – part of the JMSmucker company – challenges the legal differences between common food names used in pet food and in human food, claiming that consumers are being duped.
Quotes from the lawsuit: “To appeal to the growing number of pet owners looking for pet foods “with simple ingredients they know and trust,” Big Heart Pet Brands Inc. sells. of PupPeroni brand dog snacks that emphasize “Real Beef [is its] #1 Ingredient” (“Product”) in a stamp-type box, under two pieces of freshly roasted beef.”
“However, promoting “Real Beef [as the] #1 Ingredient” is false and misleading.”
“Consumers understand that “beef” refers to a type of meat, “capable of being used as human food made in whole or in part from any meat or other part of the carcass of [] cow.” 21 USC § 601(j).”
“However, in the context of pet food, “beef” has a different meaning than what consumers expect of “Real Beef”. This is because the definitions for pet food ingredients are defined by Article 8, Production and Distribution of Commercial Feed, of the New York Agriculture and Markets Law (“AGM”) and the Association of American Feed Control Officials Inc. (“AAFCO”).
“The Product is ‘misbranded’ because the description of its main ingredient as ‘Real Beef’ is ‘false or misleading,’ because it is not ‘real beef’ as consumers understand it, but feed grade beef.”
Personal opinion: Feed grade pet food/treat ingredients marketed as typical ‘food’ to pet owners is a huge deception.
Each ingredient in a pet food or treat has its own unique meaning that is very different from the exact same ingredient in human food. Pet food ‘speaks’ a different language than human food (or human-grade pet foods) – but most pet owners don’t know the different languages of food of pets.
For example, “cow meat” in a human food or a human grade pet food is required by regulation to be tested and passed by the USDA. but”cow meat” in a pet food or treat is not held to the same legal requirement. Pet food/treat beef is permitted by the FDA and each State authority to be obtained from USDA inspected and passed beef, OR condemned beef, OR even beef from animals that have died except for slaughter (such as dead in the field, rotting).
Regulatory authorities allow this deception, even though federal law requires that there be clear names of ingredients in a product that do not confuse consumers. Specifically on animal feed, federal law states: “The name…may not be confusingly similar to the name of any other food that is not logically included in the same name.”
What’s more confusingly similar to “cow meat” (or poultry or any other pet food ingredient) permitted to be taken from condemned animals in “cow meat” that needs to be inspected and passed to the USDA? Same name, but VERY DIFFERENT ingredient.
Feed grade pet food beef is a “subclass” ingredient, and federal law requires that it be named differently. “Each class or subclass of food shall be given its own common or common name which indicates, in clear terms, what it is in such a way as to distinguish it from other foods.”
Almost two years ago, we (Association for Truth in Pet Food) took this issue to the FDA through a Citizen Petition. Although the FDA is required to respond within six months, to date the FDA has not responded to our request.
Pet owners are definitely being misled by pet food/treat manufacturers. We hope this lawsuit prevails, and we hope other manufacturers who make ‘authentic’ beef or chicken claims are held accountable.
To read the full lawsuit, Click Here.
Wishing you and your pet(s) the best,
Susan Thixton
Pet Food Safety Advocate
Buyer Beware of Author, Co-Author Dinner PAWsible
TruthaboutPetFood.com
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