Court of Appeals Overturns Dismissal of Prescription Pet Food Lawsuit

The Court of Appeals for the 7th Circuit overturned the dismissal of a class action involving prescription pet food lawsuit finding that Hill's, the pet food manufacturer, cannot use the fact the FDA stated it is not likely to prosecute them for making claims that their pet food is a drug that requires a prescription from a vet for purchase, when it is not approved by the FDA. The Court found that the plaintiffs adequately alleged that they were mislead and paid more for the pet food believing it was prescribed by their vet and was not the same as non-prescribed pet food. Andersen Sleater Sianni represents consumers, who have been misled, by purchasing products including pet foods that are falsely advertised. To read more about this prescription pet food decision, please click here.