Verified Matter

Beggin’ Strips Consumer Deception Class Action

Court denied Purina’s motion to dismiss the core GBL §349 deceptive-practices claim; only website representations were dismissed.

Denlea & Carton represented New York consumer Paul Kacocha in a proposed class action against Nestlé Purina Petcare Company concerning the marketing of Beggin’ dog treats. Kacocha alleged that Purina’s product packaging and advertising created the impression that Beggin’ Strips were made primarily from real bacon, although bacon and bacon fat appeared well down the ingredient list, causing consumers to pay a premium. The action was brought in the U.S. District Court for the Southern District of New York under New York General Business Law §349. After Purina moved to dismiss on standing, reasonable-consumer and puffery grounds, Judge Kenneth M. Karas allowed the core deceptive-practices claim concerning the packaging, advertising and products to proceed, dismissing only the theory based on website representations.