How ‘Real’ is the Real Beef #1 Ingredient Claim? – Truth about Pet Food

April 11, 2024 Kar-Bay-Inc

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A new lawsuit filed in New York against Big Heart Pet Brands – part of the J.M.Smucker company – is challenging the legal differences between common food names used in pet food and in human food, claiming consumers are being deceived.

Quotes from the lawsuit: “To appeal to the growing number of pet owners seeking pet foods “with simple ingredients that they know and trust,” Big Heart Pet Brands Inc. sells PupPeroni brand dog snacks which emphasize that “Real Beef [is its] #1 Ingredient” (“Product”) in a stamp-type box, beneath two pieces of freshly grilled beef.”

“However, promoting “Real Beef [as the] #1 Ingredient” is false and misleading.”

“Consumers understand “beef” to refer to a type of meat, “capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of [] cattle.” 21 U.S.C. § 601(j).”

“However, in the context of food for animals, “beef” has a different meaning than the “Real Beef” purchasers would expect. This is because definitions for pet food ingredients are defined by Article 8, Manufacture and Distribution of Commercial Feed, of the New York Agriculture and Markets Law (“AGM”) and the Association of American Feed Control Officials Inc. (“AAFCO”).”

“The Product is ‘misbranded’ because describing its predominant ingredient as ‘Real Beef’ ‘is false or misleading,’ because it is not ‘real beef’ as understood by consumers, but feed grade beef.”

Personal Opinion: Feed grade pet food/treat ingredients being marketed as typical ‘food’ to pet owners is a huge deception.

Every ingredient in a pet food or treat has its own unique definition that is very different from the exact same ingredient in a human food. Pet food ‘speaks’ in a different language than human food (or human grade ingredient pet foods) – but most pet owners are unaware of the different pet food language.

As example, “beef” in a human food or a human grade pet food is required by regulation to be USDA inspected and passed. But “beef” in a pet food or treat is not held to this same legal requirement. Pet food/treat beef is allowed by FDA and each State authority to be sourced from USDA inspected and passed beef, OR condemned beef, OR even beef from animals that died other than by slaughter (such as died in the field, decomposing).

Regulatory authorities allow this deception, even when federal law requires there to be a clear name of ingredients in a product that does not confuse consumers. Specific to animal food, federal law states: “The name…may not be confusingly similar to the name of any other food that is not reasonably encompassed within the same name.”

What is more confusingly similar than “beef” (or chicken or any other pet food ingredient) that is allowed to be sourced from condemned animals to “beef” that is required to be USDA inspected and passed? Same name, but VERY DIFFERENT ingredient.

Feed grade pet food beef is a “subclass” ingredient, and federal law requires it to be named differently. “Each class or subclass of food shall be given its own common or usual name that states, in clear terms, what it is in a way that distinguishes it from different foods.”

Almost two years ago we (Association for Truth in Pet Food) took this issue up with the FDA through a Citizen Petition. Even though the FDA is required to respond within six months, to current day the FDA has not responded to our request.

Pet owners are certainly being misled by pet food/treat manufacturers. We hope this lawsuit prevails, and hope other manufacturers making the ‘real’ beef or chicken claim are held accountable.

To read the full lawsuit, Click Here.

Wishing you and your pet(s) the best,

Susan Thixton
Pet Food Safety Advocate
Author Buyer Beware, Co-Author Dinner PAWsible
TruthaboutPetFood.com
Association for Truth in Pet Food

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