Merrick Pet Food Class Action Lawsuit: "Natural" Claims Challenged

Case Overview: A class action lawsuit claims Merrick Pet Care falsely advertised its pet food products as "natural" despite containing synthetic ingredients.

Consumers Affected: Consumers who purchased Merrick pet food products labeled as "natural."

Court: U.S. District Court for the Eastern District of New York

Merrick Pet Care falsely advertises its pet food products as "natural” while including compounds like xanthan gum and vitamin additives that are anything but natural, a new lawsuit claims.

The lawsuit claims that the Texas-based manufacturer labels its products as free of synthetic ingredients misleading health-conscious pet owners, amounting to deceptive marketing that not only violates consumer protection laws but also allows the company to unfairly profit from misleading claims.

Merrick Pet Food Contains Synthetic Ingredients Despite "Natural" Label

Gabriel Herter, a Queens resident, filed the proposed class action lawsuit against the pet food maker. Herter purchased Merrick’s Purrfect Bistro Grain-Free Rabbit Pâté in September, relying on the label’s claim that the food was “natural,” he claims. 

Herter believed this meant the product contained no synthetic ingredients, but later discovered it included substances such as xanthan gum, thiamine mononitrate, and pyridoxine hydrochloride. He argues he would not have purchased the food, or would have paid less for it, had he known the “natural” label was misleading. 

What’s Really Inside?

The lawsuit argues that the Merrick pet food products include several synthetic ingredients:

• Thiamine mononitrate: A chemically altered form of vitamin B1, created through processes far removed from natural sources.
• Pyridoxine hydrochloride: A synthetic version of vitamin B6 made by treating pyridoxine with hydrochloric acid.
• Xanthan gum: A thickening agent recognized by the FDA as synthetic, produced through fermentation and chemical processing.
• Menadione sodium bisulfite complex: Known as synthetic vitamin K3, this compound is used to mimic natural vitamin K.

Herter alleges that no product labeled as “natural” should contain these ingredients, accusing Merrick of exploiting consumer trust and capitalizing on the growing demand for healthier pet food options.

Other Pet Food and Product Manufacturers Face Similar Lawsuits

The Merrick lawsuit isn’t an isolated case. A number of pet food and product manufacturers are facing legal action for allegedly misleading claims about natural and health-focused offerings.

Recent lawsuits include accusations against Earth Rated dog wipes for falsely advertising synthetic products as “plant-based” and Pup-Peroni dog treats for using low-grade beef while marketing it as "real beef." In other instances, pet food contaminated with Salmonella and alleged conspiracies to suppress smaller competitors have made headlines, highlighting widespread issues in the industry.

Herter wants to represent consumers nationwide who purchased Merrick food as he sues for violations of New York business laws and breach of warranty. He is seeking damages, injunctive relief, enjoinment, interest, costs, and fees.

Case Details

• Lawsuit: Herter v. Merrick Pet Care, Inc.
• Case Number: 1:24-cv-08212-EK-JRC 
• Court: U.S. District Court for the Eastern District of New York

Plaintiffs' Attorneys

• Joshua D. Arisohn and Julian C. Diamond (Bursor & Fisher, P.A.)

Do you feed your pet Merrick? What are your thoughts on this lawsuit? Share your opinion in the comments below.