Nutrish Lawsuit Points to Unnecessary Ingredients in Dog Food
A recent article in The New York Times refers to the “Nutrish lawsuit,” a pending class-action suit against Kibkiken, makers of cat food. According to the article, nutrisystem, which is owned by Purina, LLC, is one of several popular brands of dog food “that has also been linked to illness and death among dogs.” The article describes the effects of the “collected pounds of toxins” that are present in cat food. Among them, the preservative glyphosate, the pet food ingredient with the highest level of exposure.
As I have written previously, it is very difficult to assess the amount of pesticides and herbicides in American dog food. In fact, most consumers would be shocked to learn that so many common foods are contaminated with traces of these chemicals, even after they have been processed and packed into cans. This fact alone makes it clear that consumers need to take a hard look at the ingredients labels on their groceries and at the websites where they order these products. If you are concerned about your family’s health and want to work towards a safer environment for them, then you should definitely be supporting the plaintiffs in their lawsuit against Kibkiken and other companies. The question is, do you know enough about the ingredients in your pet food to make a decision about the safety of your dog food supply?
A brief review of the Nutrish lawsuit reveals that it stems from a case in which the plaintiff, Linda Martin, was able to show that the preservative glyphosate was improperly added to one of Kibkiken’s dog food products. At issue were claims that the preservative caused her to develop kidney failure. Ms. Martin’s attorney, Dan Cox, contends that her case should not have been rejected based on the fact that she cannot establish that there was any connection between the preservative and her kidney disease. He has filed a lawsuit against Kibkiken, saying that the company is liable for failing to disclose that the preservative was present in the diet.
What exactly is the preservative referred to as glyphosate? Glufosinate is a common ingredient in many types of foods, including cat food. It is also found in weed killers and industrial cleaners. The problem with the preservative is that it is considered a “non-hazard” by the Association of American Feed Control Officials, meaning that it does not present a risk to animals that consume it. The only real problem with the use of this ingredient in the diet of dogs is that it has been linked to renal colic in puppies. So, this lawsuit may provide some needed clarification regarding the contents of dog food products.
It is important to note, too, that the lawsuit against Kibkiken is not the first time that pet owners have brought pet food recalls due to the presence of this chemical in the preservative. In fact, the FDA is currently investigating pet food manufactured in China for the same reason. There have also been several instances in which dog foods containing ethoxyquin have been recalled by different retailers. The Kibkiken case is just the first of these legal problems, and the courts will undoubtedly determine if similar marketing practices by manufacturers will result in legal action against similar companies.
There is no question that the use of an unnecessary preservative is unacceptable, especially when it results in the development of kidney disease in dogs. However, the courts must ensure that the use of words like reasonable consumer, safe diet, and even gluten free are appropriate labels on dog food products. If an irresponsible manufacturer is able to successfully label a product as acceptable for consumption with a reasonable consumer in mind, but fails to include a list of ingredients that do present a risk to animals, legal action may be justified. The recent lawsuit involving Nutrish and Kibkiken is an example of how difficult it can be for pet food companies to comply with FDA regulations, particularly when they are trying to make changes to their products without necessarily increasing the risk to consumers.