PetSmart Removes CBD Class Actions to Federal Court

Pet supply chain PetSmart has removed two class actions brought against Friday to the Southern District of Florida The state court complaints, both seeking to certify a class action, were filed by individual plaintiffs represented by The Law Office of Howard W. Rubinstein. Both complaints alleged that the defendant sold products for pets containing cannabidiol (CBD) that were not yet approved for sale by the Food and Drug Administration (FDA).

The products at issue, “Only Natural Pet Hemp Seed Oil with Krill and Cod Liver” in one case and “Only Natural Pet Hemp Calming Support” in the other, both “are intended to treat, mitigate, or prevent disease and/or are intended to affect the structure or any function of the body” and are “clearly intended mitigate, treat, or prevent disease in animals, and therefore are drugs within the meaning of section 201 (g)(1 )(B) of the FD&C Act.”

The complaints both state that the article should be classified as a “new animal drug” because they have “not the subject of a final FDA regulation published through notice and comment rulemaking finding that the drug has been generally recognized among experts qualified by scientific training and experience to evaluate the safety and effectiveness of animal drugs, as safe and effective for use under the conditions prescribed, recommended, or suggested in the labeling.” The complaints go on to say that such products require “an approved new animal drug application, conditionally approved new animal drug application or a listing on the Index of Legally Marketed Unapproved New Animal Drugs for Minor Species” to be legally marketed; the plaintiffs alleged that these products have no such application or listing.

The complaints both seek restitution, an injunction, damages, fees, and any other damages the court decides is necessary. PetSmart is represented by León Cosgrove and Loeb & Loeb.