Santa Clara, CA: Big Heart Pet Brands and JM.Smucker is facing a consumer fraud class action lawsuit alleging they misrepresented certain products as being made in the United States.
Filed by named plaintiff Susan Fitzpatrick, individually and for all others similarly situated, the lawsuit asserts that the defendants labeled their "Milo's Kitchen" brand of dog and cat treats as made in the US, when, in fact, the products contain ingredients sourced outside the US.
Fitzpatrick claims that the defendants are in violation of California's Unfair Competition Law and Consumer Legal Remedies Act and is seeking actual and punitive damages, monetary relief, interests, attorney fees and costs of the suit.
Plaintiffs are represented by attorneys John E. Norris, D. Frank Davis, Wesley W. Barnett, Courtney L. Peinhardt and Dargan M. Ware of Davis & Norris in Birmingham, Alabama, and by attorney Benjamin P. Tryk of Tryk Law in Fresno.
The case is Sacramento Division of the U.S. District Court for the Eastern District of California Case number 2:16-CV-00063-JAM-AC.
