- Two class-action seeking lawsuits against PetSmart were voluntarily dismissed by the plaintiff.
- The filed suit claimed that PetSmart sold products that did not hold up to their marketed expectations.
- The parties dropped the claims without prejudice, and the suit can be filed again at any time.
Two separate but similar federal lawsuits against PetSmart were voluntarily dismissed by the plaintiff who accused them of selling pet hemp products despite the lack of approval from the U.S. Food and Drug Administration (FDA).
According to the attorney who is representing the plaintiff in both suits, the parties dropped their claims “without prejudice,” meaning the lawsuits could be filed again at a later time.
Both of the lawsuits were filed in Broward County, Florida, and are filed on behalf of individual customers who are seeking class-action status. The suit was originally filed because the customers said they bought products that were marketed as a remedy for treating, mitigating, and preventing disease, while providing stress and anxiety relief for dogs.
One of the customers purchased hemp soft chews while the other purchased hemp seed oil and krill and cod liver. The plaintiff’s attorney in the lawsuit says the products did not live up “to their expectations as created by the defendant.”
The lawsuits also claimed that because the FDA has yet to approve these products, they should be considered unsafe and “cannot lawfully be sold.” The customers had not specified what damages they sought, but were calling for PetSmart to stop selling those products.
The products were purchased back in April, and PetSmart has not provided commentary on the lawsuit as of yet.
Until the FDA can provide clear regulations for the CBD and hemp industry, lawsuits will continue to wait in limbo. Big companies, such as PetSmart, have to wait patiently and do their best to market products carefully until that point to ensure that the process is not delayed longer as a result of mixed opinion and lack of research.
PetSmart is one of the biggest companies to carry CBD pet products, an area of the CBD industry that has been growing by leaps and bounds.