Crosner Legal has filed a class action lawsuit against The J.M. Smucker Company, the manufacturer of Milk-Bone brand dog biscuits, alleging false and deceptive labeling practices in violation of California’s consumer protection laws. Filed in the United States District Court for the Central District of California, the lawsuit challenges Milk-Bone’s use of the phrase “No Artificial Preservatives” on the front packaging of several popular dog treat products, despite listing BHA (butylated hydroxyanisole) in the ingredient list. BHA is a synthetic chemical compound that functions as a preservative and is widely used in processed food and pet products to extend shelf life by preventing the oxidation of fats and oils.
According to the complaint, the presence of BHA renders the “No Artificial Preservatives” label false and misleading under California law. The lawsuit alleges that consumers reasonably rely on such front-label representations when choosing products for their pets, particularly those seeking to avoid artificial additives. By marketing Milk-Bone treats as free from artificial preservatives while including BHA, the company allegedly deceives the public and gains an unfair competitive advantage. California’s Consumers Legal Remedies Act, False Advertising Law, and Unfair Competition Law prohibit companies from making marketing statements that are likely to mislead or deceive reasonable consumers, especially when those statements concern ingredient quality or safety.
The lawsuit seeks injunctive relief to stop the continued use of deceptive labeling, as well as restitution and other remedies for California consumers who purchased Milk-Bone products under allegedly false pretenses.
This blog post is intended for informational purposes only and does not constitute legal advice.