What heavy metals are in the Orijen lawsuit

LEGAL NEWSLINE

MILWAUKEE, Wis. (Legal Newsline) A federal judge in Wisconsin has dismissed a class action lawsuit, finding no evidence to support allegations that a brand of dog food was contaminated with heavy metals.

U.S. District Judge J.P. Stadtmueller of the Eastern District of Wisconsin dismissed with prejudice a case against Champion Petfoods. The lawsuit alleged the companies falsified the quality of the food.

Champion Petfoods is the maker of Orijen and Acana dog foods. Loeb alleged Orijen Original and Orijen Senior contained lead, arsenic, cadmium and mercury at excessive and unsafe levels. She filed a class action lawsuit with five claims, three of which were previously dismissed.

Stadtmueller granted the defendants' motion for summary judgment and dismissed the lawsuit.

The ruling states that the defendants did not intentionally add heavy metals to the products and that they were naturally occurring and present in the plants and animals processed into the food.

"Defendants have offered evidence that the presence of heavy metals in Orijen does not make the product harmful or dangerous. In 2005, the National Research Council published a study titled Mineral Tolerance of Animals (the 'MTA'). The MTA describes maximum tolerable levels ('MTL') for various substances in pet food, including the heavy metals at issue here," Stadtmueller wrote.

"According to third-party lab studies commissioned by defendants, the levels of arsenic, cadmium, lead and mercury in defendants products are but a fraction of the MTLs. Plaintiff questions the reliability of these studies but has not performed any such studies on her own."

The ruling states the plaintiff provided evidence, including a Food and Drug Administration reference chart called Total Diet Study, and relied on it to compare the defendants' products with consumer-bound chicken, turkey and eggs. The ruling states she noted heavy metals in human food were lower, "implying that Orijen is tainted and unfit for human consumption."

Plaintiff offers no contrary expert opinions, Stadtmueller said as it pointed out the arguments she made was in hopes of undermining Champions expert witness.

The court said these issues had no merit. While she did point out that there is a high amount of metal in the food, the court said it simply offers the heavy metal concentration that is in many store-bought foods.

It does not say whether those concentrations are safe, unsafe, or otherwise provide a scientific assessment of the data, Stadtmueller wrote. Considering this, the court dismissed the WDTPA (Wisconsin Deceptive Trade Practices Act) claim.

Her unjust enrichment claim fell short as the court made clear she failed to connect the level of metal with any manipulative advertising statements the defendant made. It also added that she bought the pet food from pet stores, not from the defendant. The court concluded it was best to dismiss the case for the remaining counts.

The courts opinion is consistent with Champion Petfoods position that its food are safe and that the trace amounts of heavy metals are naturally occurring in the healthy ingredients used by Champion, said the companys trial counsel Dave Coulson in a press release. We vigorously fought the allegations in this case and will do the same in any other cases that assert similar claims.

Judge Trims Orijen, Acana Cat Food Class Action Lawsuit

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A federal judge presiding over a Orijen, Acana pet food class action, has trimmed claims finding that the plaintiffs were not able to show that heavy metals inside the cat food are indeed harmful to animals.

The Orijen, Acana class action lawsuit was brought by a group of consumers who said they purchased food for their animals based on the marketed health benefits.

Those consumers said that defendant Champion Petfoods advertised its Acana, Orijen brand pet foods as healthy and sold them at a higher cost than other brands despite it containing BPA, cadmium, lead, and mercury.

The plaintiffs who filed the Acana class action said those ingredients were determined by third-party testing. The consumers claim that if they had known the pet food contained high levels of metals, they would not have purchased it for their cats.

The judge in the Champion Petfoods class action lawsuit found the plaintiffs failed to satisfy Illinois legal requirements mandating that a consumer contact the seller of a product if there is an issue prior to filing a lawsuit. For that reason, the judge dismissed the express warranty claim.

The judge offered to allow the plaintiffs to amend their Orijen cat food class action lawsuit. The unjust enrichment claim and common law fraud claims are still active in the cat food class action lawsuit.

The judge stated that the consumers who filed the Acana pet food class action did not go beyond speculation in making claims about heavy metals inside the food and whether or not it was harmful to cats eating the food.

The defendants claim that the heavy metals identified by third-party testing are naturally occurring in the pet food since BPA is prevalent in the environment already.

The dismissal of the claims involved statements from the judge that the EPA and FDA allow certain heavy metal limits inside human foods and some liquids and that the plaintiffs failed to show why dry pet food would be any different.

Plaintiffs allegations that the mere presence of heavy metals and BPA in the Orijen and Acana brands renders these products unsafe is mere speculation. In fact, plaintiffs acknowledge that the [Food and Drug Administration,U.S. Environmental Protection Agency] and other agencies have set specific standards for acceptable levels of these substances in certain liquids and in human food, and that level is not zero, the judges opinion states. Plaintiffs provide no reason to assume dry pet foods would be any different or that the levels reported in the data provided in the complaint represent unsafe levels.

The plaintiffs are represented by Rebecca A. Peterson and Robert K. Shelquist of Lockridge Grindal Nauen PLLP and Katrina Carroll and Kyle A. Shamberg of Lite Depalma Greenberg LLC and Kevin A. Seely and Steven M. McKany of Robbins Arroyo LLP and Charles LaDuca and Katherine Van Dyck of Cuneo Gilbert & LaDuca LLP and Glen Devalerio and Daryl Andrews of Andrews Devalerio LLP and Gustavo F. Bruckner and Samuel J. Adams of Pomerantz LLP.

The Orijen, Acana Cat Food Class Action Lawsuit is Deborah Leppert, et al. v. Champion Petfoods LLC, et al., Case No.1:18-cv-04347, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

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Lawsuit filed against Champion Pet Food Acana and Orijen

UPDATE:

Orijen/Acana Class Action Dismissed

By CDWA |Sentience| Legal | Updated August 6, 2020

In 2018, Champion Foods, the makers of Orijen and Acana, had a class action lawsuit levvied against them.

At issue was that their foods contain high levels of heavy metals, or BPAs, and did not provide warning labels on their products of this fact. The food packages also state that the food is biologically appropriate and appropriate as a daily diet which, if heavy metals were high and affecting health outcomes, is inappropriate labelling for these foods. The lawsuit contended that these were the issue.

Its not the first time that Champion Foods have faced a lawsuit. In May, 2017, the company released a white paper that stated, in part, We believe that describing heavy metals as contaminants in pet foods confuses pet lovers on the origin of these elements as well as their safety limits for dogs and cats.

Readthe lawsuit.

In 2018, Nestle Purina began negotiations for the purchase of Champion Foods, for $2billion (US).

In 2019, a Wisconsin judge dismissed the Plaintiffs claims with prejudice, finding that trace heavy metals and BPAs contained in the foods were naturally occurring and that there was no compelling evidence between the ingredients and dog illnesses.

As heavy metals can accumulate to non-therapeutic levels in human and animal organs, CDWA remains watchful of animal foods and health outcomes, and we remain in pursuit of the best information on appropriate diet and nutrition in dogs.

Currently, we advocate for a balanced diet, as prescribed by Veterinarians,but we note this as a subject requiring further research.

Consumers in Minnesota, California and Florida are suing Champion Pet Food for False Advertising, violations of feed law, and numerous other charges. The lawsuit includes results of heavy metal testing and includes results that this dry dog food contains BPA a chemical typically not associated with dry/kibble pet foods.

This is a Class Action lawsuit currently representing consumers in Minnesota, California and Florida. The consumers are suing Champion Pet Foodfor their negligent, reckless, and/or intentional practice of misrepresenting and failing to fully disclose the presence of heavy metals and toxins in their pet food sold throughout the United States. Plaintiffs seek both injunctive and monetary relief on behalf of the proposed Classes (defined below), including requiring full disclosure of all such substances in its marketing, advertising, and labeling and restoring monies to the members of the proposed Classes.

The lawsuit claims Champion pet foods (Acana and Orijen)contain levels of arsenic, mercury, lead, cadmiumknown to pose health risks to humans and animals, including dogsand interestingly for a kibble pet foodthe lawsuit claims the dry pet food containedBISPHENOL A (BPA).

The lawsuit provided this chart of lab result findings in Acana and Orijen pet foods:

With the heavy metal results provided, the levels found in the Champion Pet Food appear be be below that what authorities recognize as a Maximum Tolerable Level of Minerals in Feed.

As example: the National Research Council (NRC) publication Mineral Tolerances for Animals 2005 are the guidelines that FDA enforces. Within this publication (which is a pay for publication, not free public access) the NRC provides a chart listing the maximum tolerable level for multiple species. Dogs and cats are not listed within the NRC chart. The closest species provided in the NRC publication is rodents.

For rodents, the maximum tolerable level of arsenic is: 30 mg/kg.

The highest level of arsenic found in the Acana and Orijen dog foods was 3256.40 mcg/kg (microgram per kilogram). Converting micrograms to milligrams, the highest level or arsenic found in Acana and Orijen dog foods was 3.2564 mg. Well below the NRC maximum tolerable level for rodents and we can assume dogs and cats.

That said, much of the NRC consulted science their maximum tolerable levels are established on were based on short term research. There was/is little consideration to cats and dogs that consume pet food with higher levels of heavy metals over a lifetime. The NRC Mineral Tolerances 2005 publication found that dogs fed2.3 and 4.6 mg per day per kilogram of body weightfor only183 daysexperienceddecreased weight gain and food intake;183 days is not a fair consideration to base pet health on when exposure could be years.

Lawyers will have to argue out the heavy metal content health risks cited in the lawsuit.

But what about the BPA found in the Champion pet foodskibble pet foods? Most pet food consumers understand that canned pet foods could contain BPAbut not dry/kibble pet foods.

The lawsuit statesDefendants market the Contaminated Dog Foods as Biologically Appropriate, using Fresh Regional Ingredients comprised of 100 percent meat, poultry, fish, and/or vegetables, both on the products packaging and on Defendants websites. Moreover, Defendants devote significant web and packaging space to the marketing of their DogStar Kitchens, which they tell consumers are the most advanced pet food kitchens on earth, with standards that rival the human food processing industry.

Where did the BPA come from if fresh regional ingredients are used and processed in the most advanced pet food kitchens on earth?

How much BPA was found in Champion Pet Foods as compared to canned pet food?

In 2002 a study Determination of bisphenol A in canned pet foods found BPA levels in dog foods tested from 11 to 206 ng/g.

Nanogram per gram (ng/g) results stated in this study is the same as microgram to kilogram (ug/kg) stated in the lawsuit.

The lawsuit cites testing of Orijen and Acana BPA levels from zero to 102.70 ug/kg. Not quite as high as results of canned pet food, but significantly high for what a kibble pet food would be expected to contain.

It will be very interesting to follow this lawsuit, to learn of future updates/arguments from both sides. As more is learned, it will be shared.

To read the full lawsuit,Click Here.

To contact the law firm,Click Here.

Wishing you and your pet(s) the best,

Susan ThixtonPet Food Safety AdvocateAuthor Buyer Beware, Co-Author Dinner PAWsibleTruthaboutPetFood.comAssociation for Truth in Pet Food