PetSmart, Mars Pinning Pet Food Antitrust On FDA, Court Told

Law360, New York (May 16, 2017, 4:11 PM EDT) -- Consumers alleging PetSmart, Mars Petcare, Nestle Purina and others conspired to overprice pet food by marketing it as prescription-only argued Monday that the companies' “misleading and deceptive” dismissal bid introduced a new term to punt the blame to the U.S. Food and Drug Administration.  

The April dismissal motion filed by PetSmart Inc., three pet food manufacturers and two veterinary clinic chains mischaracterized the class claims by substituting the term “veterinary authorization” for “prescription authorization” to shift the focus from the defendants' marketing practices to FDA guidelines, the purchasers said in an opposition brief filed in California federal court.

“In substituting their...

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