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7th Circ Affirms Champion Petfoods Case Dismissal
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COVID-19
Most Courts Are Rejecting All Risk Insurance Policy
Claims Related to COVID-19 The overwhelming majority of courts have concluded that
neither COVID-19 nor the governmental orders associated with it
cause or constitute property loss or damage for purposes of
insurance coverage. So concluded the district court in
Out West Restaurant Gp., Inc. v. Affiliated FM Ins. Co.,
No. 20-cv-06786, 2021 WL 1056627 (N.D. Cal. March 19, 2021). The
court continued, These decisions have reasoned that the virus
fails to cause physical alteration of property because temporary
loss of use of property (if any) during a pandemic and while
government orders are in effect does not qualify as physical loss
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7th Circ. Won t Revive False Ad Claims Over Tainted Pet Food
Law360 (June 30, 2021, 9:06 PM EDT) The Seventh Circuit refused Wednesday to revive a proposed class action alleging Champion Petfoods USA Inc. misled consumers by claiming its dog food is regionally sourced and failing to disclose the food could contain trace amounts of heavy metals and barbiturates, finding that there isn t evidence the labels were misleading.
In a 20-page published opinion, a unanimous three-judge panel affirmed a summary judgment ruling in favor of the dog food maker and held that Wisconsin resident Scott Weaver failed to produce sufficient evidence to convince a reasonable jury that any of the labels on the dog food were false or misleading..
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December 24, 2020
District of Minnesota Judge Patrick J. Schlitz dismissed a false advertising suit on Tuesday brought by Acana and Orijen kibble purchasers against Champion Petfoods USA, Inc., and Champion Petfoods LP, the manufacturers.
The plaintiffs alleged they “purchased Champion’s dog food
rather than cheaper alternatives in reliance on the representations made by
Champion on its packaging.” The specific statements on the packaging the
plaintiffs claimed they relied on were: “Biologically Appropriate,” “Fresh
Regional Ingredients,” “Nourish as Nature Intended,” and “Delivering Nutrients
Naturally.” The plaintiffs argued that these statements were false or
misleading because the dog food may have contained “heavy metals,” “BPA,”
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