The Supreme Court of the United States on Monday denied a petition from two individuals, Anastasia Wullschleger and Geraldine Brewer, appealing an Eighth Circuit Court decision in a case which claimed that Royal Canin U.S. A., Inc. and Nestle Purina Petcare Company were inaccurately marketing prescription pet food products which reportedly did not contain medicines or drugs and misleading consumers.
The initial class-action complaint sought relief through Missouri law for the two pet food companies’ alleged fake prescription pet food marketing. The petition for certiorari was filed in August of this year, the plaintiffs claimed that the Eighth Circuit Court of Appeals “introduced chaos” about whether federal jurisdiction existed when it ruled that “there was federal subject matter jurisdiction to hear petitioners’ class action” and vacated the Western District of Missouri’s decision to remand the action to the circuit court.
The plaintiffs claimed that they purchased prescription dog food, with a MedCard prescription from a veterinarian, at the recommendation of the vet and the PetSmart store, but the pet food, Royal Canin’s prescription pet food and Purina’s prescription cat food, did not contain any drug or medicine which would require Food and Drug Administration (FDA) approval. They claimed that they paid significantly more for the pet food because it had a prescription requirement, and the plaintiffs assumed they were receiving a higher value and products that were approved by the FDA.
The plaintiffs said that the “respondent’s scheme misled petitioners as consumers into believing they were purchasing an actual prescription product, creating that experience by requiring a veterinarian’s prescription for their purchase.” They claimed Royal Canin and Nestle Purina were involved in anti-competitive activity and that their actions deceived reasonable consumers.
The pet food companies filed a brief opposing the writ of certiorari, they claimed that the Eighth Circuit ruled correctly and that the petition filed by the plaintiffs did not have a compelling reason for the Supreme Court to consider the case.
Nestle Purina is represented by White & Case LLP, Royal Canin is represented by Williams & Connolly LLP, and Wullschleger and Brewer are represented by, among others, Bartimus Frickleton Robertson Rader, P.C.
