LANCASTER, SC, and ORLANDO, FLA. — Supplement companies Nutramax Laboratories and Zesty Paws have recently filed lawsuits against one another for false and misleading advertising.
On Aug. 22, Nutramax announced it had brought legal action against Zesty Paws and its parent company H&H Group, citing false advertising and misleading comparisons between Nutramax’s DASUQUIN® animal supplements and Zesty Paws’ Vet Strength Mobility Bites.
In the suit, Nutramax claimed that Zesty Paws’ leveraged the likeliness of its product packaging within the ad. Though the ad does not specifically name Nutramax or DASUQUIN, the packaging is “easily recognizable as Nutramax’s DASUQUIN with MSM Soft Chews,” the company stated.
According to Nutramax, third-party testing indicated that some of the products of Zesty Paws’ pet supplements contained inconsistent amounts of key active ingredients advertised in its products. The company also reportedly found contaminants, including E. coli, and high counts of aerobic microbials in some of the products.
Following the third-party testing, Nutramax brought its lawsuit against its Zesty Paws, citing false advertising of ingredients, product quality, third-party rankings and recommendations, and market performance.
“We take the responsibility as the industry leader seriously and prioritize protecting customers and their pets from low-quality pet supplements and protecting the overall reputation of the industry,” Nutramax detailed in its statement on the lawsuit.
Zesty Paws then filed a lawsuit against Nutramax on Sep. 16 before the Florida US District Court. The suit, which is against both Nutramax and Nutramax Laboratories Veterinary Sciences, Inc., cites broad-based false and misleading advertising of Nutramax’s print and online advertising.
According to Zesty Paws, independent third-party testing of Nutramax’s products revealed significant shortfalls in the amount of active ingredients. According to Zesty Paws, eight of Nutramax’s pet supplements contained 28 instances in which the active ingredients were below the levels reported by the product’s label.
Zesty Paws’ suit also alleges false and misleading advertising regarding claims Nutramax has made, including “industry leader” in the pet supplement space and “No. 1 Veterinarian Recommended.” According to Zesty Paws, these claims are misleading, as Nutramax is not the leader in revenue or volume within the industry and its veterinarian survey is strictly confined to a demographic of small animal veterinarians, which “deceives consumers,” the company stated.
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