Antitrust Class Action Says Pet Food Cos. Lied About 'Prescriptions'

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A proposed antitrust class action has been filed against a stable of pet food companies alleging they engaged in an anticompetitive conspiracy to market and sell fraudulently labeled “prescription” pet food to consumers at artificially inflated above-market prices.

The baseline accusation made by the suit is that the defendants sold purportedly prescription pet food in standard retail environments even though, as with prescription medicines, only a veterinarian can suggest and permit the use of such food.

“To a reasonable retail consumer, prescription pet food is prescribed and purchased in the exact same manner as a prescription drug for a dog or cat—by veterinarian’s orders,” the suit argues.

The 29-page lawsuit names the below companies as defendants:

The defendants, which the lawsuit describes as collectively having “significant market power” in the dog and cat food area, allegedly manipulated consumers by labeling pet food as “prescription” even though it is not required to be sold as such (nor does it require a veterinarian’s written permission to purchase). Furthermore, the pet food at the heart of the suit allegedly “contains no drug other ingredient not also common in non-prescription pet food.”