Antitrust Law Daily Wrap Up, STATE UNFAIR TRADE PRACTICES NEWS: Pet food maker charged with deceptively advertising Beggin’ dog treats as made primarily with real bacon, (Jul 16, 2015)

By Linda O’Brien, J.D., LL.M.

A manufacturer of pet food and pet treats has engaged in deceptive business practices by falsely representing that its Beggin’ brand dog treats consist largely of real bacon when real bacon is a miniscule ingredient in the product which consists primarily of processed ingredients, according to a complaint filed in the federal district court in White Plains, New York (Kacocha v. Nestlé Purina Petcare Company, July 14, 2015).

Nestlé Purina Petcare Company manufactures and markets pet food and pet treats worldwide, and is the largest pet food company in the United States. Nestlé’s Beggin’ brand dog treats are premium priced products available in various flavors. Paul Kacocha is a consumer who has purchased Beggin’ dog treats for his dogs for several years.

The complaint states that Nestlé aggressively markets its Beggin’ dog treat product line. Beggin’ dog treats are shaped and colored to look like real bacon and flavored to smell like real bacon. On the company’s webpage, under the heading “Ingredients & Nutrients,” there is the statement “Made with real bacon” and no other ingredients or nutrients are specified. The company has also engaged in running a popular national television commercial campaign featuring videos of dogs musing about their strong desire for bacon and Nestlé’s Beggin’ dog treats. These television commercials falsely portray the treats as being made primarily of real bacon.

The product packaging for Beggin’ treats reinforces the false and misleading claim that the product consists largely of real bacon. The packaging display panel includes the phase “made with real bacon” along with a large image of a crispy piece of bacon, an icon of a small frying pan containing two pieces of bacon, and an image of a purple ball with the text “bacon flavor” boldly displayed, the complaint alleges.

According to the complaint, bacon and bacon fat are present in only small quantities in the Beggin’ products. However, the real main ingredients are non-meat fillers, such as ground wheat, corn, soybean meal, water, sugar, and other processed ingredients.

The complaint also alleges that dog owners will go to great lengths to provide for and feed their dogs. As consumers, they are increasingly concerned with feeding their dogs high-quality, wholesome ingredients and are willing to pay a premium price to do so. In reliance on Nestlé’s deceptive representations and material omissions, consumers have purchased Beggin’ dog treat products, believing the products were predominately made out of real pork bacon. Consumers would not have purchased Beggin’ dog treats or paid premium prices for the products if they had known Nestlé’s representations on the product packaging and advertising were false and misleading.

The plaintiff asserts claims for violations of the New York General Business Law Section 349. The action seeks injunctive relief, treble damages, interest, costs of suit, attorney fees, and any other just and proper relief.

The case is No. 1:15-cv-05489-NRB.

Attorneys: Jeffrey I. Carton and Robert J. Berg (Denlea & Carton LLP) for Paul Kacocha.

Companies: Nestlé Purina Petcare Company

News: StateUnfairTradePractices Advertising NewYorkNews