For five years, Stevie Kucharski-Berger gave a dog, Theo, a potato and duck pet food to develop her veterinarian.
Now, Olathe's wife is undergoing Nutrition-based Topeka-based Pet Inc. whose solicitor offers a "fake pharmacy" approach to relieve consumers on ordinary goods.
Kucharski-Berger fits Tuesday in County Johnson District Court and asks class activity status to represent all Kansas consumers in their situation. According to the complaint, Food and Drug Water did not review any of the food.
"The best thing that is described as a fake pharmacy is this concept of prescription pet foods, which were not FDA-confirmed drugs," said Michael Kelly, a California based solicitor who was involved in a Kucharski-Berger lawsuit and one in California federal court.
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The suit says that there is no prescription pet food that contains no FDA or prescription under federal law or Kansas.
In addition, the recipe comes with a significant increase in prices, but the suit said.
For example, the lawsuit said, Food sells an urinary care cat recipe for $ 5.62 pounds and a non-prescription controller cat food for $ 3.51 pounds. No one of the differences in which drugs or price is concerned is the ingredients, the suit said.
A spokeswoman for Colgate Palmolive Co., who owned Hill & # 39; s, commented on Kansas pet law products or on Hill recipe pet products.
According to the Kansas lawsuit, made manufacturers, retailers and veterinary services – three interconnected ownership – the need to create a prescription as a marketing tactic. He also said that the companies use the symbol of the Rx prescription and that this is "false, misleading and contrary to law."
Kansas Hill court case highlights but recognizes other pet food manufacturers, retailers and veterinary services that work in Kansas.
On his list Mars Inc., also known as a candy company, is also a big player in pet products too.
Mars is the current owner or former owner of the Royal Canin and Iams pet foods, said the suit. VCA veterinary group based in Los Angeles, and the Banfield Pet Hospital chain located in Oregon, which operates in PetSmart stores, is in accordance with the lawsuit.
PetSmart, his online retailer of Chewy.com and Purina St Louis based on the list of "non-partner partners" couples combines with a 95 percent account or more of the recipe pet food market, by law.
Chewy.com's search shows a Rx symbol with Hill & Pet diet foods. The symbol is accompanied by an explanation that the "prescription approval" requires the item and advises consumers that Chewy.com will "get your pet and additional information to verify this recipe before shipping."
This is not the first match against the Nutrition of Knolls. Many federally accepted in a federal case that was introduced in California in late 2016. Consumers filed an antitrust complaint and were involved by Kelley's business that is working with Olathe's consumer.
The judge refused the case in July 2017, but Kelly said that dismissal is being appealed.
Kucharski-Berger's suit claims that the Kansas Trading Restraint Act and the Kansas Consumer Protection Act exceeded Cnoc. It looks for the recovery of up to $ 10,000 in respect of all of its purchases at Pet Food Prescription Hill over the last three years to recover actual or civil damages of Kucharski-Berger's uncertain damages. It also looks damages to the class of Kansas consumers.
It also seeks orders to change the company's practices and require it to succeed in its "unqualified profits" from sales in Kansas.
The agro says that some of the efforts made by the companies "are to eradicate consumers' feelings to love their pets and their credits to be trusted."
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