Taste of the Wild Grain-Free Dog Food Lawsuit

You received a notice because sources show that you may have purchased Taste of the Wild Grain-Free Dog Food in Missouri. For more information about whether you are a Class Member, see FAQ 10 and FAQ 11.

The notice explains that the Court has allowed, or “certified,” a class action lawsuit that may affect you. You have legal rights and options that you may exercise before the Court holds a trial. The trial is to decide whether the claims being made against Defendant, on your behalf, are correct.

Judge James Francis Kanatzar of the Circuit Court of Jackson County, Missouri, is overseeing the class action. The lawsuit is known as Mary Harmon et al. v. Schell & Kampeter, Inc., Case No. 2016-CV17833.

The lawsuit claims that Defendant falsely and deceptively marketed its Taste of the Wild Grain-Free Dog Food, in different varieties, to the general public.

The lawsuit alleges that Defendant has represented to consumers that its Grain-Free Dog Food is uniquely high-quality, safe, and healthy when, in fact, the Grain-Free Dog Food is associated with increased risk of developing dilated cardiomyopathy.

The lawsuit claims that these representations violate the Missouri Merchandising Practices Act.

In a class action, one or more people called class representatives sue on behalf of other people who have similar claims. The people together are a “class” or “class members.”

The Class Representatives who sued Defendant are called Plaintiffs. The entity they sued (in this case, Schell & Kampeter, Inc.) is called Defendant. One court will resolve the issues for everyone in the Class—except for those who choose to exclude themselves from the Class.

The Court decided that this lawsuit can be a class action and move toward a trial because it meets the requirements of Missouri Rule of Civil Procedure 52.08, which governs class actions in Missouri courts. More information about why the Court is allowing this lawsuit to be a class action is in the Court’s Order Granting Motion for Class Certification, which is available here.

The lawsuit alleges that Defendant has represented to consumers that its Grain-Free Dog Food is uniquely high-quality, safe, and healthy when, in fact, the Grain-Free Dog Food is associated with increased risk of developing dilated cardiomyopathy (“DCM”). DCM is a potentially fatal condition in which the heart loses its ability to effectively and efficiently pump blood because the left ventricle is enlarged and weakened.

You can read Plaintiffs’ Class Action Petition here.

Specifically, the lawsuit alleges violations of the Missouri Merchandising Practices Act (Mo. Rev. Stat. § 407.010 et seq.).

Defendant denies the allegations and denies that their product labeling is misleading to Missouri consumers. Defendant’s Answer to the Petition is available here.

The Court has not decided whether Plaintiffs or Defendant are correct. By establishing the Class and issuing a notice, the Court is not suggesting that Plaintiffs will win or lose this case. Plaintiffs and the Class must still prove their claims at trial. (see FAQs 18-20).

Plaintiffs are asking for the Court to rule that Defendant’s marketing and representations about its product, Taste of the Wild Grain-Free Dog Food, are misleading, and that they violate Missouri law. Plaintiffs are also asking the Court to require Defendant to reimburse purchasers of the dog food all or part of the cost they paid for their purchases.

No money or benefits are available now because the Court has not yet decided whether Defendant did anything wrong, and Defendant has not agreed to a settlement with Plaintiffs. There is no guarantee that money or benefits ever will be obtained. If a judgment for Plaintiffs is entered or a settlement is reached, you will be notified at that time about how to participate.

To be in the Class, you must

1. have been a citizen of Missouri on August 27, 2020;
2. have purchased Taste of the Wild Grain-Free Dog Food for personal, family, or household purposes;
3. have made your purchase(s) in Missouri; and
4. have made your purchase(s) at any time from August 27, 2015, to June 21, 2024.

If you meet these criteria, you qualify to be in the Class certified by the Court. The Class is defined as follows:

All consumers who have purchased Taste of the Wild Grain-Free Dog Food in the state of Missouri for personal, family, or household purposes at any time from August 27, 2015, to June 21, 2024, and who were citizens of the state of Missouri on August 27, 2020 (the “Class”). Excluded from the Class are (1) Defendant, subsidiaries and affiliates of Defendant, directors and officers of Defendant, and members of their immediate families; (2) federal, state, and local governmental entities; and (3) any judicial officers presiding over this action, their judicial staff, and members of their immediate families.

If you are still not sure whether you are included, you may call or write to the lawyers in this case at the phone numbers, email addresses, and addresses listed in FAQ 15 or contact the Notice Administrator at the phone number or address listed in FAQ 21.

You don’t have to do anything now if you want to keep the possibility of getting money or benefits from this lawsuit through the class action procedure. By doing nothing, you are staying in the Class. If you stay in the Class and Plaintiffs obtain money or benefits, either as a result of the trial or a settlement, you will be notified about how to participate (or how to ask to be excluded from any settlement).

Keep in mind that if you do nothing now, regardless of whether Plaintiffs win or lose at trial, you will not be able to sue, or continue to sue, Defendant as a part of any other lawsuit about the same legal claims that are the subject of this lawsuit. This means that, if you do nothing, you will be legally bound by all of the orders the Court issues and judgments the Court makes in this class action, whether in favor of Plaintiffs or in favor of Defendant.

If you already have your own lawsuit against Defendant concerning the products at issue or wish to preserve your right to initiate your own lawsuit, you must ask to be excluded from the Class. If you exclude yourself from the Class—which is sometimes called “opting out” of the Class—you won’t get any money or benefits from this lawsuit, even if Plaintiffs obtain them as a result of the trial or from any settlement between Defendant and Plaintiffs.

However, you may then be able to sue or continue to sue Defendant for the issues in this lawsuit. If you exclude yourself, you will not be legally bound by the Court’s judgments in this class action.

If you start your own lawsuit against Defendant after you exclude yourself, you’ll have to hire your own lawyer for that lawsuit, and you’ll have to prove your claims. If you exclude yourself so you can start or continue your own lawsuit against Defendant, you should talk to your own lawyer soon, because your claims may be subject to a statute of limitations.

To ask to be excluded, you must send an “Exclusion Request” in the form of a letter sent by mail, stating that you want to be excluded from Mary Harmon et al. v. Schell & Kampeter, Inc. Be sure to include your name and address and sign the letter.

You must mail your Exclusion Request postmarked by August 31, 2024, to the following address:

You may also download an Exclusion Request form here.

The Court decided that the following attorneys and law firm are qualified to represent you and all Class Members:

Christopher S. Shank
David L. Heinemann
Katherine A. Feierabend
Shank & Heinemann, LLC
1968 Shawnee Mission Parkway, Suite 100
Mission Woods, KS 66205

816-471-0909

chris@ShankLawFirm.com
david@ShankLawFirm.com
katie@ShankLawFirm.com
www.ShankHeinemann.com

Patrick J. Stueve
Alexander T. Ricke
Todd E. Hilton
Stephen D. Ahal
Stueve Siegel Hanson, LLP
460 Nichols Road, Suite 200
Kansas City, MO 64112

816-714-7100

stueve@StueveSiegel.com
ricke@StueveSiegel.com
hilton@StueveSiegel.com
ahal@StueveSiegel.com
www.StueveSiegel.com

These lawyers are called “Class Counsel.” They are experienced in handling similar cases against other entities. More information about the law firms, their practices, and their lawyers’ experience are available on their firm websites.

You do not need to hire your own lawyer because Class Counsel is working on your behalf. However, if you want your own lawyer, you will have to hire that lawyer yourself. For example, you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you.

If Class Counsel gets money or benefits for the Class, they will ask the Court for an award of money to compensate Class Counsel for attorneys' fees and expenses. You won’t have to pay these fees and expenses. If the Court grants Class Counsel’s request, the fees and expenses would be deducted from any money obtained for the Class or paid separately by Defendant.

As long as the case isn’t resolved by a settlement or otherwise, Class Counsel will have to prove Plaintiffs’ claims at a trial. The trial is presently scheduled to begin on March 31, 2025. During the trial, a jury or the judge will hear all of the evidence to help them reach a decision about whether the Plaintiffs or Defendant are right about the claims in the lawsuit. There is no guarantee that Plaintiffs will win or that they will get any money for the Class.

You do not need to attend the trial. Class Counsel will present the case for Plaintiffs, and Defendant will present the defenses. You or your own lawyer are welcome to attend at your own expense.

If Plaintiffs obtain money or benefits as a result of the trial or a settlement, you will be notified about how to participate. We do not know how long this will take.

You can find the Court's Order Granting Motion for Class Certification, the Class Action Petition that Plaintiffs submitted, and Defendant’s Answer to the Petition here.

If you want more information, you can contact the Notice Administrator using the following contact information::

Taste of the Wild Dog Food Lawsuit
P.O. Box 2170
Portland, OR 97208-2170
866-502-7826