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Colangelo v. Champion Petfoods USA Inc.

Action Over False Advertising That Dog Food Lacked Heavy Metals Is Only Partly Dismissed

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiffs Rachel Colangelo and Kathleen Paradowski, individually and on behalf of others similarly situated, bring this putative class action against defendants Champion Petfoods USA, Inc. and Champion Petfoods LP (hereinafter “Defendants” or “Champion”). Dkt. No. 54 (“Amended Complaint”). Plaintiffs, who seek to represent a class of New York purchasers of Champion dog food, assert that Champion falsely advertised that its dog food did not contain (or have a risk of containing) a variety of unpleasant substances, including heavy metals, bisphenol A (“BPA”), and pentobarbital. Am. Compl.

17-20. Plaintiffs assert nine causes of action against Champion: violations of New York General Business Law §349, violations of New York General Business Law §350, breach of express warranty, breach of implied warranty of merchantability, fraudulent misrepresentation, fraud by omission, negligent misrepresentation, negligence per se, and unjust enrichment. Id.

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