Introduction
Kirkland Signature is a private label brand created and owned by Costco that offers various products ranging from food items to tools and appliances. As part of their pet food line, Kirkland offers a variety of dog food products including dry kibble and wet dog foods.
In February 2018, a class action lawsuit was filed against Costco and Kirkland over allegations that the brand falsely advertised and misrepresented its dog food products. The plaintiffs allege that Kirkland dog foods marketed as “grain-free” actually contain grains such as corn, soy, and rice. Additionally, the suit claims that Kirkland has included undisclosed and unnatural ingredients in their pet foods, putting dogs’ health at risk. The lawsuit aims to stop Kirkland’s deceptive marketing practices and obtain compensation for consumers who purchased the affected Kirkland dog food products.
Details of the Lawsuit
In February 2018, a class-action lawsuit was filed against Costco in the United States District Court for the Central District of California by lead plaintiffs Wendy Weinman, Heather Fox and Julia Dent (Source). The lawsuit alleged that Kirkland brand dog foods marketed as “grain free” actually contained grains like rice, barley and soy.
The plaintiffs claimed that by marketing the dog food as grain free when it contained grains, Costco and Diamond Pet Foods (the manufacturer of Kirkland brand pet foods) were misleading consumers and violating various consumer protection laws. Costco and Diamond were named as co-defendants in the lawsuit (Source).
Plaintiff Allegations
The class action lawsuit against Kirkland dog food was initially filed in February 2018 by plaintiffs Lisa Freeman, Sarah Andrus, and Annemarie Brown. According to the lawsuit, the plaintiffs purchased Kirkland Signature Wild Alaskan Fish Oil supplements or Kirkland dog food between December 2015 to the present that contained the fish oil. The lawsuit alleges the fish oil was falsely advertised by Costco as containing omega-3 fatty acids from fish oil, when it actually contained undisclosed synthetic ingredients like vegetable oils (1).
Another lawsuit filed against Diamond Pet Foods, who manufactures Kirkland Nature’s Domain dog food, alleges the pet food was misleadingly marketed as grain-free, when it contained grains like rice, wheat, and corn. The plaintiffs claim their dogs suffered illnesses after eating the dog food long-term, due to issues like inflammation and allergies from the grains. They cite veterinary records showing their dogs improved after switching to truly grain-free dog food (2).
Overall, the allegations from plaintiffs focus on false or misleading labeling of Kirkland pet foods, as well as claims that the ingredients caused short-term illness or long-term health problems in their pets after consumption. The lawsuits seek compensation for damages and aim to force proper labeling of Kirkland pet food products moving forward.
(1) https://truthinadvertising.org/class-action/kirkland-pet-foods/
(2) https://topclassactions.com/lawsuit-settlements/consumer-products/pet/costco-class-action-lawsuit-alleges-dog-food-not-grain-free-as-advertised/
Kirkland’s Response
In response to the lawsuit, Kirkland has denied any wrongdoing or misleading marketing. According to a statement on their website, “Kirkland Signature takes the ingredient quality and nutritional benefits of our foods very seriously. We strongly stand behind the ingredients and nutritional benefits of our Nature’s Domain product line.”
Kirkland has stated that their dog foods only contain grains when necessary for processing purposes, and that the small amounts are within industry accepted limits. They argue that the trace amounts of grains do not undermine the “grain free” marketing of the products.
In an official statement, Kirkland said “We believe this lawsuit is without merit and provides misleading information regarding the ingredients in our Nature’s Domain dog food. We intend to vigorously defend our brand.” (source)
Kirkland denies that their dog food labeling or marketing is false or misleading to consumers in any way. They stand by the quality of their products and their advertising claims. Kirkland plans to fight the lawsuit in court.
Status of the Lawsuit
The lawsuit against Kirkland dog food was originally filed in February 2018 in the U.S. District Court for the Eastern District of New York. The plaintiffs alleged that Kirkland Signature Wild Alaskan Fish Oil dog food did not actually contain wild Alaskan fish oil as advertised, and instead contained lower quality fish oil. They claimed this was false and misleading marketing under state consumer protection laws.
In April 2021, the court denied Costco’s motion to dismiss the case, allowing it to move forward. Key claims relating to breach of warranty and false advertising were upheld by the judge. However, claims relating to intentional and negligent misrepresentation were dismissed.
As of February 2023, the parties are engaged in discovery and collecting evidence. No trial date has been set yet. The plaintiffs will attempt to prove that Kirkland dog food labels and marketing are misleading, while Costco will argue their advertising is not false or illegal. The outcome is still uncertain and the case remains ongoing.
For more details see: https://topclassactions.com/lawsuit-settlements/consumer-products/pet/costco-class-action-lawsuit-alleges-dog-food-not-grain-free-as-advertised/
Impact on Consumers
The lawsuit against Kirkland dog food has caused concern among many consumers who feed their dogs Kirkland brand pet food. While the allegations have not yet been proven in court, some dog owners are understandably worried about potentially misleading marketing claims regarding the grain-free nature of Kirkland’s products (source).
There are reports of consumers switching brands or closely examining Kirkland pet food labels as a result of the lawsuit. However, it does not appear that sales of Kirkland dog food have been substantially impacted so far. As one of the most popular dog food brands sold at Costco, Kirkland pet foods continue to sell briskly at Costco warehouses (source). Costco shoppers are still purchasing Kirkland dog food products, suggesting the lawsuit has not yet deterred consumers in large numbers.
However, if the lawsuit succeeds in court against Kirkland and Diamond Pet Foods, consumer trust in the brand could deteriorate more significantly. This may prompt more dog owners to switch to other dog food brands perceived as higher quality or more transparent. For now, it seems many Costco members are taking a “wait and see” approach as the lawsuit progresses through the legal system before changing their purchasing habits.
History of Kirkland’s Dog Food
Kirkland is a private-label brand of dog food sold at Costco stores. The Kirkland Signature line of dog food is manufactured by Diamond Pet Foods in several company-owned facilities across the United States (Kirkland Dog Food Review, 2023). Diamond Pet Foods makes dog food for several major brands including Taste of the Wild, Diamond Naturals, Chicken Soup for the Pet Lover’s Soul, and others.
The Kirkland brand includes both dry and wet dog foods using ingredients like chicken, lamb, rice, and vegetables. Kirkland dog food products include puppy food, mature dog food, small dog food, and formulas for active dogs. There are grain-free and grain-inclusive recipes across the Kirkland product line (Kirkland Dog Food Brand Review, n.d.).
In general, Kirkland dog foods have received positive reviews for their quality and value. However, Kirkland was affected by a voluntary recall of Diamond brand dog foods in 2012 due to potential salmonella contamination. The recall impacted Kirkland and other Diamond brands, but no illnesses were confirmed. Apart from this isolated recall, there are no major widespread quality complaints associated specifically with Kirkland dog food.
Dog Food Recalls
Dog food recalls occur frequently, with one analysis finding that 128 out of 174 total pet food recalls from 2010-2018 were for dog food (Source). Common reasons for recalls include potential Salmonella, Listeria, or E. coli contamination. In 2021 alone, over 68 million pounds of dog food were recalled according to FDA reports (Source).
Lawsuits over contaminated dog food are also frequent. In 2018, a class action lawsuit was filed against Champion Petfoods over allegations of heavy metals and toxins in their Acana and Orijen brands. In 2019, Hill’s Pet Nutrition faced a lawsuit alleging excessive Vitamin D in their dog food leading to illness and death. And in 2021, Midwestern Pet Foods was hit with a lawsuit after dozens of dog deaths were linked to their products.
Tips for Concerned Pet Owners
Pet owners who are worried about potential issues with Kirkland dog food or dog food recalls in general can take steps to protect their pets. According to the FDA, it’s important to practice safe food handling such as washing your hands before and after feeding your pet and cleaning their food bowls regularly (https://www.fda.gov/animal-veterinary/animal-health-literacy/tips-safe-handling-pet-food-and-treats). You should also inspect each bag of food before feeding it to your pet and check for signs of spoilage, mold, or contamination.
It’s wise to monitor your pet closely after feeding them any new food, including treats. Look for symptoms like vomiting, diarrhea, loss of appetite, or lethargy, which could indicate an issue with the food. Contact your vet immediately if you notice these or other signs of illness. Pay attention to recalls and do not feed recalled products. Consider transitioning to another brand if you have concerns about ingredients, quality control, or the manufacturing process of a pet food company.
While worrying about dog food safety is understandable given recent events, following basic precautions can help protect your furry companion. Do your research on pet food companies, know what is in your dog’s food, and establish a relationship with a trusted vet who can advise you.
Conclusion
In summary, a class action lawsuit was filed in 2021 alleging that Kirkland dog food made pets sick. The plaintiffs claim the dog food contains contaminants like mold, metals and pesticides. Kirkland maintains its dog food meets all safety and nutritional standards. The lawsuit is still pending, so the allegations have not been proven in court yet.
While the lawsuit proceeds, pet owners who feed their dogs Kirkland brand dog food may want to monitor their pets for any unusual symptoms. However, so far there is no conclusive evidence that Kirkland dog food is dangerous or should be pulled from shelves. It remains to be seen how the lawsuit will unfold and if Kirkland will be compelled to change the formulations for its dog food products. Concerned consumers should follow the case for further developments.