7th Circ. Appears Skeptical Of Dog Food False Ad Claims

Law360 (April 1, 2021, 4:14 PM EDT) -- Two Seventh Circuit judges on Thursday appeared skeptical of a pet owner's contention that Champion Petfoods USA Inc. misled consumers by failing to disclose the risk that its dog food could contain trace amounts of harmful substances.

Scott Weaver is asking the appellate court to revive his claims that Champion deceptively marketed its products, saying the food is labeled as "biologically appropriate" and made with "fresh regional ingredients" despite potentially containing non-fresh and non-regional ingredients, as well as pentobarbital and Bisphenol A, or BPA.

But there are a "lot of problems" with his risk theory, U.S. Circuit Judge Ilana Rovner said...

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