Merrick Pet Care accused of false advertising in pet food labeling


Margo Brodie, Chief Judge with the U.S. District Court for the Eastern District of New York | Administrative Office of the United States Courts | Wikipedia Commons

A class-action lawsuit has been filed against pet food manufacturer Merrick Pet Care Inc., accusing the company of deceptive marketing practices. Gabriel Herter filed the complaint on Nov. 26, in the U.S. District Court for the Eastern District of New York, alleging that Merrick falsely advertises its pet food products as "natural."

The lawsuit claims that Merrick, a Texas-based company, misleads consumers by labeling its products as "natural" despite containing synthetic ingredients such as xanthan gum and thiamine mononitrate. 

Herter, a Queens, New York, resident, purchased these products under the belief that they were free from synthetic additives. The complaint alleges that Merrick's marketing exploits health-conscious pet owners' preferences for natural products and violates New York General Business Law §§ 349 and 350. 

The lawsuit also accuses the company of breaching express warranties by misrepresenting the nature of its ingredients.

Herter seeks to represent all similarly affected consumers nationwide who purchased the allegedly mislabeled products. He argues that had he known about the synthetic components, he would not have bought the product or would have paid less for it.

The lawsuit asserts that reasonable consumers are led to believe that all ingredients in Merrick's products are natural when they are not. This misrepresentation is said to have caused financial harm to consumers who overpaid for what they believed were superior natural products.

The plaintiffs are seeking various forms of relief, including compensatory and punitive damages, restitution, and an injunction against Merrick's continued use of misleading labels. They also request corrective advertising to address consumer misconceptions caused by the current marketing practices.

Representing Herter are attorneys Joshua D. Arisohn and Julian C. Diamond from Bursor & Fisher, P.A., based in New York City. Case I.D. 1:24-cv-08212.

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