Smucker pet food lawsuit close to certification for PFAS contamination

A class action lawsuit concerning the utilization of specific chemicals on pet food packaging has progressed towards certification in the US District Court for the Northern District of California. This lawsuit pertains to the use of per- and polyfluoroalkyl substances (PFAS) on pet food packages and the alleged health consequences for pets resulting from these compounds, known as “forever chemicals” due to their long-lasting presence in living organisms and the environment. Judge William H. Orrick recently expressed his inclination to certify a California consumer class against The J.M. Smucker Co. and Post Consumer Brands LLC in late 2025 regarding this matter.

Per- and polyfluoroalkyl substances (PFAS) represent a category of synthetic chemicals recognized for their resistance to oil, grease, and water, commonly employed in certain food-contact packaging, as outlined by the U.S. Food and Drug Administration. In the context of pet food packaging, concerns often revolve around PFAS application for enhancing barrier performance. PFAS may also be present indirectly as a processing aid during packaging production, with some references describing their use as a lubricant to streamline plastic film manufacturing by minimizing friction between molten plastic and equipment during extrusion.

Case specifics and current status
The litigation initiated on November 4, 2022, when Robin Humphrey filed a lawsuit against The J.M. Smucker Co., claiming that the company promoted specific 9Lives, Kibbles ‘n Bits, and Meow Mix products as “healthful” despite the alleged presence of per- and polyfluoroalkyl substances (PFAS) in the packaging and titanium dioxide in the food itself. Titanium dioxide is frequently utilized by pet food manufacturers to whiten products based on poultry or fish and eliminate undesirable grey hues, while also mimicking bone or fat marbling aesthetics.

Pet food expert insights
Greg Aldrich, Ph.D., a professor and pet food program coordinator at Kansas State University, emphasized the use of titanium dioxide in pet food to achieve desired visual characteristics like whitening poultry- or fish-based items and emulating bone or fat marbling. This chemical serves aesthetic purposes to enhance the appearance of pet food products on the market.

Advancements in the lawsuit
On May 22, 2023, Judge Orrick partially granted and partially denied Smucker’s motion to dismiss the case. He acknowledged Humphrey’s satisfactory demonstration of economic harm for standing purposes in a false advertising context but dismissed claims regarding a multi-state subclass, stating that Humphrey lacked standing to represent consumers in states where product purchases did not occur. Moreover, alterations in brand ownership were noted following the lawsuit’s filing, with Smucker announcing an agreement to transfer several brands named in the case shortly thereafter.

In conclusion, the legal proceedings surrounding the lawsuit involving PFAS in pet food packaging indicate a critical assessment of the alleged health impacts on pets and consumer transparency regarding chemical usage in the pet food industry. The potential certification of the California consumer class against prominent pet food companies signifies a pivotal development in addressing concerns related to “forever chemicals” and their presence in pet food packaging materials.