The company sold millions of the disputed products between November 2018 and December 2022. Consumers allege violations of California’s Unfair Competition Law, Consumers Legal Remedies Act, and False Advertising Law. A jury trial in Jeruchim v. J.M. Smucker Co. has been tentatively set for October 27.
Dogs and cats harmed by PFAS, too
The potential harm done to human health by PFAS exposure has been well-documented. Effects include:
- diabetes;
- various cancers;
- liver damage;
- high cholesterol;
- reduced immune function; and
- renal disease.
According to the American Veterinary Medical Association, our furry pals are not so different. These “forever chemicals” often accumulate at higher levels in pets than in humans due to their close contact with contaminated indoor dust, treated carpets, and specific foods. Studies link these chemicals to liver damage, thyroid hormone disruption, immune suppression, and cancer in pets. Further, pets often serve as “sentinels” for household exposure with, for example, indoor cats having higher serum levels of certain PFAS compared to outdoor cats.
If your indoor cat has a PFAS-linked health issue, you may too.
Studies indicate that dogs may suffer from thyroid hormone issues and liver disorders, including increases in liver weight, changed liver enzymes, and altered cholesterol levels. Research shows a significant association between higher PFAS concentrations and body weight in cats, as well as connections to thyroid issues (hyperthyroidism).
Traveling trouble
PFAS, extraordinarily durable man-made compounds, were widely used in manufacturing for more than eighty years. They do not biodegrade under normal conditions, accumulate in human and animal tissues and are toxic.
Furthermore, with pets, as with people, PFAS poisoning is not static. The health problems it causes show up in places far from the original site of contamination. PFAS-laden firefighting foams have seeped into the water supply. PFAS-treated nonstick cookware may release PFAS into food or air. Water and stain resistant fabrics and carpets can leach PFAS into household dust and air.
Since the PFAS contamination at issue in Jeruchim is alleged to have come from the pet food packaging, the likelihood of toxic migration may become an issue.
The legal grounds for the PFAS lawsuit
Since Fluffy and Fido have no legal standing to bring personal injury lawsuits, as their humans might do, Jeruchim is brought under the umbrella of a collection of California consumer protection laws. Few pet owners would choose to buy ostensibly “healthy” food for their pets if they knew or had reason to know that it was harmful.
False advertising
California’s false advertising law prohibits any statement about products or services that is untrue or misleading, as long as the business knew or should have known that it was deceptive. Consumers can seek refunds for money spent on misleading products or services, court orders requiring the company to stop deceptive practices, and compensation for losses caused by the false advertising.
California consumers legal remedies act
The California Consumers Legal Remedies Act, which incorporates several other sections of California law, protects consumers from deceptive practices in the sale or lease of goods and services. It applies to personal, family or household goods and bans false advertising, misrepresented goods – including claims that goods offer health benefits that they do not have – or unconscionable contract terms. Consumers may recover actual damages, punitive damages, injunctive relief, and attorney fees through class action or individual lawsuits.
Unfair competition law
READ MORE PFAS HEALTH RISKS LEGAL NEWS
California’s Unfair Competition Law is similar to the statutes described above in that it prohibits any unlawful, unfair, or fraudulent business act or practice, as well as false, deceptive, or misleading advertising. It covers almost all business activities, allowing consumers and businesses to sue for restitution and injunctive relief.
The takeaway
Perhaps the takeaway from Jeruchim, even for non-pet people, has to do with how pervasive the problem of PFAS contamination is. It affects not just people, or food supplies, or firefighting foam, or pets, or municipal water supplies or Americans. It has become a worldwide issue, and the science of remediation is still in an experimental state. One of the benefits of a PFAS lawsuit, even if the amount in question is limited to a hefty vet bill, is that it adds to the public pressure about a widespread health problem.
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