Class Action Says 9 Lives, Kibbles 'n Bits, Meow Mix Pet Foods Contain Harmful Titanium Dioxide, 'Forever Chemicals' – ClassAction.org

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by Corrado Rizzi
Filed: November 4, 2022 ◆§ 1:22-cv-06913
A class action alleges certain 9 Lives, Kibbles ‘n Bits and Meow Mix pet food is misleadingly labeled since the products contain titanium dioxide and their packaging contains “forever chemicals.”
The J.M. Smucker Company
California Business and Professions Code California Unfair Competition Law California Consumers Legal Remedies Act
California
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A proposed class action alleges certain 9 Lives, Kibbles ‘n Bits and Meow Mix pet food is misleadingly labeled since the purportedly healthy products contain titanium dioxide and their packaging contains synthetic “forever chemicals.” 
The 27-page complaint alleges the maker of the popular dog and cat foods, The J.M. Smucker Company, has known of the health problems posed by titanium dioxide since at least February 2014, when heavyweights in the food industry announced publicly that they would no longer use the additive. Similarly, the suit claims, the J.M. Smucker Company has “long known” of the health problems linked to per- and polyfluoroalkyl substances (PFAS), which are called “forever chemicals” due to their propensity to accumulate in the environment and human body. 
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The filing charges that although the defendant employs food scientists, nutrition specialists and packaging engineers, the company nevertheless consistently misrepresents the following products as healthy, “abusing the [p]ublic’s trust and failing to inform consumers of the implications of consuming the toxins”: 
Rather than clearly disclose that the dog and cat foods contain titanium dioxide, The J.M. Smucker Company instead “relies on the ingredient list, which is provided in tightly woven, miniscule block print” on the back of product labels, the suit says. Per the case, “nowhere” on product labels or otherwise are consumers informed that the pet foods also contain PFAS, which have been linked to various cancers, liver damage and immunotoxic effects, among other health problems. 
According to the lawsuit, titanium dioxide is an inorganic compound that is “easily powdered” and pure white in color. The compound is relied upon heavily as a pigment in paint, sunscreen and food coloring, among other applications, the case says. 
The food industry used titanium dioxide for more than 30 years, but research during the last decade has called into question its “fitness for consumption,” and many manufacturers have thus stopped using the additive, the filing relays. 
The case stresses that the health concerns linked to titanium dioxide are not limited to human foods. In 2018, Petco, the second-largest pet supplies chain in North America, announced that it would pull from shelves all dog and cat food and treats that contained harmful artificial ingredients, including titanium dioxide. In explaining its decision, Petco cited recommendations from veterinarians, the majority of whom agreed that pet owners should seek out foods free from artificial flavors, colors and preservatives, the suit relays. 
From there, the lawsuit says that research by the Environmental Working Group found that two of the defendant’s products, Meow Mix Tender Centers and Kibbles ‘n Bits Bacon & Steak, contained heightened levels of organic fluorine, an indicator of the presence of PFAS. The complaint highlights in a footnote that the J.M. Smucker Company relies on many of the same suppliers for its product packaging and has not substantially or meaningfully altered its products for several years, meaning it is “highly likely” that all of the 9 Lives, Kibbles ‘n Bits and Meow Mix pet foods at issue contain PFAS. 
According to the suit, the defendant’s products tested by the Environmental Working Group contained the highest levels of total fluorine, indicating the presence of PFAS, out of nearly every other product tested. 
The case contends that consumers were injured by paying full price for pet foods that are “worthless.” 
The lawsuit looks to cover all consumers in the United States who, within the applicable statute of limitations period, bought any of the 9 Lives, Kibbles ‘n Bits or Meow Mix products listed on this page. 
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Camp Lejeune residents now have the opportunity to claim compensation for harm suffered from contaminated water.
Read more here: Camp Lejeune Lawsuit Claims
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Corrado Rizzi is the Managing Editor and a writer for ClassAction.org.
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