Chewy Class Action: Are Your Pet Products Toxic?

Chewy Class Action Lawsuit

Chewy faces a class action lawsuit alleging the company sold dog grooming products and ceramic pet food dishes containing harmful levels of lead and DEHP, chemicals known to cause cancer and other health issues, without proper warnings.

• Consumers Affected: Customers who purchased certain Chewy dog grooming products and ceramic pet food dishes.
  
  
• Reason for Lawsuit: Allegations that Chewy sold certain products containing harmful levels of lead and DEHP without proper warnings.
  
  
• Where: The class action lawsuit was filed in San Francisco County Superior Court.

A California pet owner is suing Chewy, a major online pet retailer, for allegedly selling pet products containing lead and DEHP, a known carcinogen, without proper warning labels.

The lawsuit, filed on July 3rd in San Francisco County Superior Court, accuses Chewy of violating California's Proposition 65, a law requiring businesses to warn consumers about potential exposure to chemicals known to cause cancer or birth defects.

Chewy's Toxic Pet Products? Lawsuit Claims Hidden Lead and Carcinogens

Plaintiff Gabrield Espinoza says Chewy fails to provide clear and reasonable warnings on four specific products:

• Loyalty Pet Products Dog Grooming Shear Briefcases
• Loyalty Pet Products Dog Grooming Hammocks
• Frisco Cat Face Ceramic Dishes
• Bitebuster Scratchbuster Pet Grooming Sleeves

According to the lawsuit, these everyday pet care items expose users to lead and DEHP through direct contact or accidental ingestion.

Lead exposure can be particularly harmful to children, potentially causing developmental delays, learning disabilities, and behavioral issues. In adults, lead exposure can increase the risk of heart disease, high blood pressure, and kidney problems. DEHP has also been linked to a number of health concerns, including cancer, birth defects, and developmental problems in children.

The primary route of exposure to lead and/or DEHP is through dermal absorption directly through the skin when consumers use, touch, or handle the products. According to the complaint, exposure through ingestion could occur by “touching the Chewy pet products with subsequent touching of the user's hand to mouth. No clear and reasonable warning is provided with the Products regarding the health hazards of exposure.”

Independent Lab Tests Expose Alleged Dangers in Chewy's Pet Supplies

Espinoza’s claims rely on independent laboratory testing he commissioned, which according to the complaint, revealed that the Frisco cat face ceramic dishes leach lead, while the Loyalty Pet Products dog grooming items and Bitebuster Scratchbuster pet grooming sleeves contain DEHP.

Proposition 65 requires businesses with over ten employees operating in California to label products containing lead or DEHP with clear and reasonable warnings. The lawsuit alleges Chewy failed to include such warnings on the four products in question, exposing California consumers to potential health risks in violation of the law.

“Chewy has continued to knowingly and intentionally expose California users and consumers of the Products to lead and/or DEHP without providing required warnings under Proposition 65,” the lawsuit states.

Toxic Product Claims Follow Chewy Privacy Lawsuit

Chewy has faced legal troubles before. In September 2022, the pet supply retailer was accused of violating Pennsylvania privacy law by allegedly intercepting consumers' electronic communications without consent. The lawsuit claimed Chewy used software to track visitor interactions on its website Chewy.com, recording everything from mouse movements and clicks to keystrokes, search terms, and viewed content.

Visitors were unaware of this surveillance, as Chewy allegedly never sought permission to collect their data, according to the case. The lawsuit argued this surreptitious data collection could expose consumers to risks like identity theft, online scams, and other harmful activities due to potential leaks of personal information to third parties.

In the Chewy toxic pet products class action lawsuit, Espinoza is seeking to represent a class of California consumers and pet owners who purchased the alleged toxic Chewy pet products and aims to enforce the public’s right to be informed of the health hazards caused by exposure to lead and/or DEHP found in the Chewy products.

Case Details

• Lawsuit: Gabriel Espinoza v. Chewy Inc.
• Case Number: 
• Court: California Superior Court, County of San Francisco

Plaintiffs' Attorneys

• Evan J. Smith and Ryan P. Cardona (Brodsky Smith)