December 2016 - The lawsuit claims that prescription pet food overcharge consumers for a product that is not a drug and that prescription pet food is a “deceptive scheme”.
Four months later, lawyers representing the pet food manufacturers; Hill’s Pet Nutrition, Mars Petcare, Nestle Purina had requested the court dismiss the case based on FDA’s enforcement discretion to permit the sale of these products.
These companies are claiming that the FDA allows them to be ‘deceptive’, allows them to sell a pet food as a drug when it is not a drug, and to overcharge consumers as they see fit. And they are right. The court ruled that all claims argued in this lawsuit were not proven.
September 2018 - Consumers who purchased certain Hill’s Prescription Diet or Hill’s Science Diet canned dog food between Sept. 1, 2018 and May 31, 2019 are eligible to claim up to $20 without a separate proof of purchase (such as a receipt) or their full purchase price with proof of purchase thanks to a $12.5 million class action settlement.
The recall involved 54 lots, approximately 675,000 cases of canned dog food, that contained potentially toxic levels of vitamin D. The Court granted final approval to this settlement July 30, 2021.