Nutrish Super Premium Food for Dogs
March 2020: The named plaintiff filed a Notice of Appeal regarding the dismissal. (Case No. 20-1042, 2nd Cir.)
February 2020: A federal judge dismissed the amended complaint similarly finding that the amount of glyphosate in the products alleged in the complaint is “negligible” and the “natural” label is not “materially misleading to reasonable consumers.”
May 2019: Plaintiffs amended their complaint.
April 2019: A federal judge dismissed the complaint in this case without prejudice concluding that plaintiffs failed to state a claim because the presence of a “negligible” amount of glyphosate in dog food is not likely to affect a consumer’s decision to purchase the product and, thus, is not “materially misleading.”
August 2018: A class-action lawsuit was filed against Rachael Ray Nutrish for allegedly deceptively advertising its line of Super Premium Food for Dogs as natural when, according to plaintiffs, the dog food contains glyphosate, a chemical that is commonly used as an herbicide. (Parks et al v. Ainsworth Pet Nutrition, LLC d/b/a Rachael Ray Nutrish, Case No. 18-cv-6936, S.D.N.Y.)
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When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled.