Prescription Pet Food Anti-Trust Case

Stephanie Lair

As a pet owner, when your vet recommends or prescribes a specific food or drug for your animal, money is no object, painful at times, but worth it to keep the furry member of your family healthy and happy.


Unfortunately, as noted in the class action complaint filed December 7, 2016 by Tamara Moore, Greta L. Ervin, Raff Arando, Nichols Smith, Renee Edgren and Cynthia Welton, on behalf of themselves and all others similarly situated (Plaintiffs) against MARS PETCARE US, INC.; NESTLE PURINA PETCARE COMPANY; HILL'S PET NUTRITION, INC.; PETSMART, INC.; MEDICAL MANAGEMENT INTERNATIONAL, INC. D/B/A BANFIELD PET HOSPITAL; BLUEPEARL VET, LLC (Defendants), the ingredients found in these prescription foods are also common in non-prescription pet food products. The complaint also states that many of these “prescription” foods are available without an actual written prescription from a veterinarian.

 The anti-trust case claims that the “Defendants' marketing, labeling, and/or sale of prescription pet food is deceptive, collusive, and in violation of federal antitrust law and California consumer-protection law,” leading to retail consumers paying more for pet food due to the Defendants’ manipulation of the “prescription” requirement as prescription pet food is not required to be sold by prescription whereas a prescription drugs are.

 The complaint claims that the manufacturers, as well as the retailers and veterinary clinics and hospitals, are profiting “from the deep-rooted understanding of the American public, including Plaintiffs, with respect to the necessity of complying with the prescriptions of medical professionals for animal health.” This manipulation also allows for the Defendants to engage “in an anti-competitive conspiracy to market pet food as prescription pet food to consumers at above-market prices that would not otherwise prevail in the absence of their collusive Prescription Authorization requirement.”


If you or a family member feel that you have been affected by the price and marketing manipulation, please contact us at info@mypirl.com.


For more information regarding this case, check back for further updates.