Class-Action Lawsuit Targets Absence of Artificial Preservatives Claims in Dog Food
Monday, March 16, 2026

Related Practices & Jurisdictions
Print Mail Download info_icon_img/>i
  • A class-action lawsuit filed on Monday in a California District Court alleged that dog food products containing citric acid and/or tocopherols were falsely and misleadingly advertised with representations such as “Made Without … Artificial Preservatives” and “Nothing Artificial.” Flick v. M.I. Industries, 3:26-cv-01470 (Law 360 subscription required).
  • Citric acid and tocopherols (a form of vitamin E) can be naturally derived. However, Plaintiff alleges that 99% of the world’s citric acid is synthetically produced and that therefore, by implication, Plaintiff is using (or is at least highly likely to be using) synthetic citric acid. Plaintiff notes that natural tocopherols exist in a “d” form while synthetic tocopherols exist in a “dl” form (many compounds exist in mirror image molecular structures of each other, the “d” and the “l” forms). However, Plaintiff does not connect this allegation to Defendant’s products or make clear how it was inferred that Defendant’s tocopherols are synthetic.
  • Plaintiff also indicates that citric acid and tocopherols are used to “prevent or retard deterioration of the products” and therefore meet the definition of “chemical preservative” in 21 CFR 101.22(a)(5).
  • Foods containing citric acid and tocopherols and making “no artificial preservative” claims have been previously targeted by class-action plaintiffs.
© 2026 Keller and Heckman LLP

Current Public Notices

Current Legal Analysis

More from Keller and Heckman LLP

Petition Calls for Cancer Warning on Processed Meats
by: Food and Drug Law at Keller and Heckman
FDA Releases FY 2027 Budget Request, Includes Legislative Wish-List
by: Food and Drug Law at Keller and Heckman
EPA Publishes Updated Drinking Water Contaminant List
by: Food and Drug Law at Keller and Heckman
Mississippi Enacts Nation’s First Ban on Cell‑Cultured Dairy Products
by: TSCA at Keller and Heckman
Is the FCC Close to Finalizing its New NG911 Reliability Rules?
by: Timothy A. Doughty , Wesley K. Wright
District Court Rules that DOJ Has No Standing to Challenge California’s Egg Standards on Preemption Grounds
by: Food and Drug Law at Keller and Heckman
Food & Chemicals Unpacked: Back in the PPWR: Revisiting the EU Framework for Packaging Sustainability [Podcast]
by: Hazel O'Keeffe , Kathryn C. Skaggs
UPF Seal Legislation Introduced in California
by: TSCA at Keller and Heckman
FDA Signals Potential Reassessment of Proposed Front-of-Package Rule
by: TSCA at Keller and Heckman
A New Federal Safety Standard for Water Bead Toys Now in Effect
by: Antonia Stamenova-Dancheva , Anushka R. Stein
Pennsylvania’s New ENDS Directory Law Raises the Bar for Market Access
by: Azim Chowdhury
February 2026 Bounty Hunter Plaintiff Claims
by: Sophia B. Castillo , Mitzi Ng Clark
Texas Food Label Rule Finalized Despite Ongoing Litigation and Injunction
by: Food and Drug Law at Keller and Heckman
Second Public Consultation on PFAS EU Restriction Just Started
by: Ales Bartl
11th Circuit Holds that Florida Ban on Cultivated Meat Not Preempted
by: Food and Drug Law at Keller and Heckman

Upcoming Events

 
NLR Logo
We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters.

 

Sign Up for any (or all) of our 25+ Newsletters