The Value of Independent Scientific Review in Pet Food Product Liability

Those of us who have been around the pet food and supplement industry for a while have likely heard the saying, “Any dog or cat that ever became sick was likely eating some pet food company’s food.” 

It is very easy to contact a pet food manufacturer with a consumer complaint; 1-800 phone numbers and company email addresses are readily available, as they should be. Just because a pet food company has a consumer service team to respond to pet parent inquiries, it shouldn’t mean the consumer service team has to be experts in determining if a product was at fault. This isn’t meant to exonerate pet food companies from the responsibility of providing safe and nutritious products. However, it is meant to illustrate that, in many cases, pet food, treats, or supplements will be blamed by pet parents and sometimes even veterinarians for a pet’s illness, with the correlation of feeding a diet and an illness happening at the same time as the basis for the claim of product liability.

There is another saying in the pet food industry: “No one ever decided to get into the pet food industry to harm pets.” This makes logical sense, but sometimes logic, as well as fact, has to be presented and proven. This is because, at times, correlation is all a consumer may be looking for when trying to place blame somewhere for their pet’s illness.

Pet food companies need to have a standardized protocol on how to handle pet parent inquiries that claim a pet food, treat, or supplement contributed to their pet’s problem. This is actually the case for any consumer product; however, those of us in the pet industry appreciate that pets are not just animals but part of the family, and there is a close personal and emotional attachment that exists between owners and their pets. This may lead to a pet owner wanting to blame something or someone when a pet becomes ill.

Even though each consumer inquiry or case may seem different, it is generally best practice to handle each case in a systematic way, following an established protocol. In almost all cases, having experts in physiology, nutrition, animal health, product quality/food safety, and product manufacturing is key in reviewing facts and details of the inquiry. In many instances, a pet food company may not have the internal resources, experience, or skills necessary to lead and carry out an investigation into a pet food liability claim. Even if a pet food company may have the necessary personnel, it is usually more credible to have a product liability claim investigated by an independent third-party expert, which can introduce less conflict of interest than a case review performed by company employees.

Experience in collecting facts and data, interpretation, and review of that information, all while taking into account the emotional aspects of dealing with a sick pet, is critical to how well a pet food company performs when faced with a product liability accusation. The professionals at BSM Partners have decades of experience in helping pet food companies investigate claims that may involve product liability. While it is true that no case is the same, it is critical to follow an established protocol.

A company’s goal should be to objectively evaluate all aspects of a claim, especially when a pet parent may be asking for reimbursement for veterinary expenses, threatening negative social media posts, or even contacting regulatory agencies. The primary goal of the company should be to first listen to the pet parent and take all inquiries seriously. The secondary goal is to assure the pet parent that the company wants to do everything they can to look into the matter. Maintaining an open line of communication between the consumer service representative and the pet parent is key to success. Often, the pet parent just wants to be heard and to have the assurance that the company is taking their inquiry seriously. In other instances, they may be asking the company to help them pay for veterinary bills. In less frequent cases, they may ask that products be removed from the market or threaten to contact regulatory oversight agencies with complaints. A good standardized investigation process always takes all of these possibilities into consideration, no matter how small or insignificant the inquiry may initially appear.

It is vital for pet food companies to have consulting experts who understand that any case can potentially result in product liability and even potentially lead to pet parents pursuing legal recourse. In most states, pets are defined as “property,” and their value is based on what a purchase price might be for said pet. There is a growing body of legal precedent for courts to consider pets as more than property and provide other monetary relief in cases of liability. It is critical to treat all consumer inquiries similarly, because what may seem like a simple ask by a consumer may quickly escalate into a liability claim or even a lawsuit. 

Having experts that can review consumer records, quality and food safety data, and medical records is key to determining that, in the eyes of the consumer, a company is taking their claim seriously. BSM Partners has experts in reviewing medical records, consumer records, production data, product formulation as well as those to review all aspects of a pet food company’s quality and food safety plan. Together, an experienced team of external experts can help support any pet food company when these cases arise.

It has been said that by the time a company realizes they need a service like this, it is probably too late. We also believe that late is better than never.

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About the Author

Dr. Bradley Quest, DVM, is the Principal Veterinarian at BSM Partners. Dr. Quest is a leading innovator in the pet dental health products, having several decades of experience formulating in this category. He has practiced clinical veterinary medicine, developed and tested hundreds of pet food and health products, performs extensive animal health research, and helps navigate pet food ingredient approval for clients.