9th Circ. Revives State Claims Over Prescription Pet Food

Law360 (July 28, 2020, 10:14 PM EDT) -- A Ninth Circuit panel on Tuesday declined to revive federal antitrust claims from consumers targeting the marketing of prescription pet food, but it did resurrect state law claims against retailer PetSmart Inc., manufacturers including Nestle Purina Petcare Co. and others.

The panel issued an unpublished memorandum on Tuesday affirming a California federal court's December 2017 dismissal of claims from consumers that the companies violated the Sherman Act by conspiring on a fraudulent scheme to impose prescription requirements on certain pet food products.

The court found that the consumers have not done enough to show the companies were working together rather than...

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