Court Greenlights Pet Food Packaging Case

ByPFAS Primer Team

A putative class action against Smucker alleges that Smucker falsely represented pet food products are healthy when in fact the food allegedly contains titanium dioxide, and the packaging “contain (or risk containing)” PFAS. The pet owner’s claims—including consumer protection, false advertising, fraud, and negligent misrepresentation claims—survived Smucker’s motion to dismiss. As in other consumer class actions targeting PFAS on food packaging, the plaintiff in this case alleges that PFAS migrate onto the food and thereby pose health risks, yet the presence of PFAS is not disclosed to consumers.

Humphrey et al. v. The J.M. Smucker Company, No. 3:22-cv-06913-WHO (C.D. Cal. May 22, 2023)

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