Dog Owners Score Legal Victory in Lawsuit Against Nutramax Cosequin

Pet owners have notched a win in their legal battle against Nutramax Laboratories, the company behind the popular pet supplement Cosequin. The Ninth Circuit Court of Appeals recently upheld a lower court's decision granting class certification in a lawsuit alleging Nutramax falsely marketed Cosequin as promoting healthy joints and mobility in dogs.

The case against Cosequin

The class action lawsuit centers on claims that Nutramax engaged in deceptive marketing practices. The plaintiffs allege that the company's labeling for Cosequin, which contains glucosamine and chondroitin, misled consumers into believing the product offered significant joint health benefits for their dogs. The lawsuit argues that existing studies on Cosequin did not support these claims.

Nutramax had challenged the class certification, arguing that the plaintiffs' reliance on an unexecuted damages model to prove common questions predominated in the case was insufficient. However, the Ninth Circuit Court disagreed. The appeals court determined that the class could utilize an "unexecuted damages model" to demonstrate that damages could be proven in a common manner, a key requirement for class certification.

Prior legal action against Nutramax

This isn't the first time Nutramax has faced legal action regarding glucosamine products. In 2013, three separate class actions were consolidated, all accusing the company of falsely advertising the benefits of certain joint health supplements. Additionally, a 2013 California lawsuit against retailers Rite Aid and Wal-Mart alleged they misled consumers about the effectiveness of Nutramax's Cosamin brand supplements.

The road ahead for Nutramax and pet owners

With the class certification upheld, the lawsuit against Nutramax can proceed. This decision represents a significant victory for pet owners who believe they were misled by Nutramax's marketing of Cosequin. 

The class of pet owners is represented by Mark Sigmon, Greg Coleman and Adam A. Edwards of Milberg Coleman Bryson Phillips Grossman PLLC, Michael H. Pearson and Daniel L. Warshaw of Pearson Simon & Warshaw LLP and Matt Schultz of Levin Papantonio Rafferty Proctor Buchanan O’Brien Barr & Mougey PA. 

The Nutramax Cosequin false advertising class action lawsuit is Lytle et al. v. Nutramax Laboratories Inc. et al, Case No. 22-55744, in the U.S. Court of Appeals for the Ninth Circuit.