The Tenth Circuit recently affirmed dismissal of a proposed class action against a dog food manufacturer, finding that the putative class claims were nonactionable puffery and overly subjective.
In Renfro, et al. v. Champion Petfoods USA, Inc., et al., No. 20-1274, pet owner plaintiffs brought a proposed class action against Champion Petfoods alleging that the packaging for some of its dog food brands were false and misleading. Specifically, plaintiffs asserted claims for violation of the Colorado Consumer Protection Act, breach of express and implied warranty, fraudulent misrepresentation, fraudulent concealment, unjust enrichment, and negligence.
The dog food packaging asserted that the products were: “Biologically Appropriate”; “Trusted Everywhere”; using “Fresh and Regional Ingredients”; and containing “Ingredients We Love [from] People We Trust.” The labels stated the dog food contained “richness, freshness, and variety” of meats which dogs have “evolved to eat,” and that it would “nourish [dogs] as nature intended.” Some of the packaging indicated the product’s ingredients were “ethically raised by people we know and trust.” On the packaging for certain dog food formulas, the labels made more specific claims, such as the approximate amount of each type of fish included by weight.
The U.S. District Court for the District of Colorado dismissed plaintiffs’ claims as either “unactionable puffery or overly...
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