Category Archives Judge Autrey

Plaintiff fed his dog Beneful Healthy Weight dog food, and within two weeks, his dog was lethargic, incontinent, and hematuric (blood in urine).  The vet recommended a medicated dog food, and the symptoms disappeared. Plaintiff filed a putative class action under the Missouri Merchandising Practices Act (MMPA), alleging that Purina misrepresented its Beneful brand dog food as "healthy," "wholesome," "nutritious," and "100% Complete Nutrition," and failed to disclose that the dog food caused, or carried the risk of, illness and death in a significant number of dogs. Defendant moved to dismiss the complaint, based on Twombly and Rule (9b).  The Court granted the motion (with leave to amend). On Twombly grounds, the Court found that the Complaint failed to set for a plausible claim -- specifically there was no causation alleged: Nothing in the Complaint alleges that the veterinarian diagnosed the bladder stones because of the certain type of dog food…

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