2nd Cir. Upholds Dismissal of Champion Dog Food Class Action

NEW YORK — A 2nd Circuit U.S. Court of Appeals panel has upheld dismissal of a class action accusing Champion Petfoods Inc. of failing to disclose that its premium-priced dog food contained unsafe levels of heavy metals, finding the evidence shows that nearly all pet food contains measurable quantities of heavy metals.

In a June 6 opinion, the panel noted that both of the dog food formulas at issue listed fish and fish-based ingredients on its packaging, and that publicly available studies demonstrate that seafood typically contains high concentrations of heavy metals.

“Additionally, since at least 2005 regulators have …