Blue Buffalo Pet Products Inc. subsidiary Blue Buffalo Co. Ltd. has entered into a settlement agreement in class action lawsuits brought against it on behalf of consumers.
The lawsuits claim that some Blue Buffalo products were not consistent with the company’s “True Blue Promise,” which states that the products are “formulated with the finest natural ingredients” and made with “no chicken/poultry by-products meals; no corn, wheat or soy; and no artificial preservatives, colors or flavors.”
On May 6, 2014, Purina filed a lawsuit against Blue Buffalo for false advertising after testing revealed the presence of poultry byproduct meal in some of Blue Buffalo’s top-selling pet foods. On May 6, 2015, Blue Buffalo acknowledged in court that a “substantial” and “material” portion of Blue Buffalo pet food sold to consumers contained poultry byproduct meal, despite advertising claims to the contrary.
Blue Buffalo denies any wrongdoing and has agreed to the settlement to eliminate any ongoing litigation.
Under the terms of the agreement, Blue Buffalo will pay US$32 million into a settlement fund to settle the claims of the plaintiff class. The agreement is subject to preliminary and final approval by the court. The company intends to pay the settlement with cash on hand.
Showing posts with label blue buffalo. Show all posts
Showing posts with label blue buffalo. Show all posts
Monday, December 28, 2015
Tuesday, December 1, 2015
RECALL: Blue Buffalo recalls Cub Size Wilderness Wild Chews Bones
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| Product has potential to be contaminated with Salmonella |
The product was distributed starting November 19, 2015, in PetSmart stores located in the following 9 states: California, Kansas, Michigan, Minnesota, Montana, Nevada, Oregon, Utah, and Washington. The recalled product comes individually shrink-wrapped in plastic with the UPC number 840243110087 printed on a sticker affixed to the product, and an expiration date of November 4, 2017, printed as “exp 110417” on the shrink-wrap. Consumers should look at the UPC Code and expiration date on the product package to determine if it is subject to the voluntary recall.
Routine testing at the manufacturing site revealed the presence of Salmonella in the product. No illnesses have been reported to date and no other Blue Buffalo products are affected.
Salmonella can affect animals eating the product and there is risk to humans from handling contaminated pet products, especially if they have not thoroughly washed their hands after having contact with the products or any surfaces exposed to these products.
Pets with Salmonella infections may have decreased appetite, fever and abdominal pain. Other clinical signs may include lethargy, diarrhea or bloody diarrhea, and vomiting. Infected but otherwise healthy pets can be carriers and infect other animals or humans. If your pet has consumed the recalled product and has these symptoms, please contact your veterinarian.
Healthy people infected with Salmonella should monitor themselves for some or all of the following symptoms: nausea, vomiting, diarrhea or bloody diarrhea, abdominal cramping and fever. Rarely, Salmonella can result in more serious ailments including arterial infections, endocarditis, arthritis, muscle pain, eye irritation and urinary tract symptoms. Consumers exhibiting these signs after having contact with this product should contact their healthcare provider.
Consumers who have purchased the product subject to this recall are urged to dispose of the product or return it to the place of purchase for full refund.
Consumers with questions may contact Blue Buffalo at +1.888.641.9736 from 8 a.m. to 5 p.m. EDT Monday through Friday, or by email at Bluebuffalo4260@stericycle.com for more information.
Monday, November 9, 2015
RECALL: Blue Buffalo recalls Kitty Yums cat treats
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Product may contain low levels of propylene glycol |
Cats reacting to high doses of propylene glycol may exhibit signs of depression and may have a loss of coordination, muscle twitching, and excessive urination and thirst. If your cat has consumed the recalled product and has these symptoms, please contact your veterinarian.
The affected product was distributed nationwide in the US and Canada through pet specialty stores and e-commerce.
The product is packaged in a 2 oz., plastic stand-up pouch. Only these specific code dates of this product are involved:
- Blue Kitty Yums Tasty Chicken Recipe, UPC: 859610007820 - Best If Used By: April 24, 2016.
- Blue Kitty Yums Tasty Chicken Recipe, UPC: 859610007820 - Best If Used By: July 24, 2016.
The FDA tested product in response to a single consumer complaint and found propylene glycol in one bag of cat treats in the affected lot. To date we have had no other reports of incidents related to our cat treats. Out of an abundance of caution, the company is voluntarily recalling all product manufactured in the same lot as the subject bag.
Consumers who have purchased the product being recalled may return it to the place of purchase for a full refund. Consumers with questions may contact Blue Buffalo at +1.888.667.1508 from 8 a.m. to 5 p.m. EDT Monday through Friday or by email at BlueBuffalo5883@stericycle.com for more information.
Friday, July 24, 2015
Blue Buffalo stocks surge on first day of trading
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Company raises $677 million in initial public offering |
Blue Buffalo, listed on the Nasdaq Stock Market under the symbol BUFF, gained 36% to $27.20 at the close. At that level, the company is being valued at $5.3 billion.
Existing shareholders sold 33.8 million shares for $20 per share. They initially offered 29.5 million for $16-$18 each.
Blue Buffalo says it will issue up to 35,934 shares to about 1,700 non-management employees at no cost to them.
Blue Buffalo’s IPO was the year’s fifth largest. The only other consumer-facing company that had a bigger IPO was Fitbit, which makes wearable fitness trackers.
When it announced its filing for an IPO, analysts estimated the company could raise to up $500 million.
Monday, June 15, 2015
Blue Buffalo files for initial public offering
Blue Buffalo Pet Products Inc. has filed a registration statement on Form S-1 with the Securities and Exchange Commission relating to the proposed initial public offering of its common stock.
The total number of shares to be offered and the price range for the proposed offering have not yet been determined, but reports say the company could raise up to $500 million. Blue Buffalo has applied to list its common stock on the NASDAQ Global Select Market under the symbol BUFF.
J.P. Morgan Securities LLC, Citigroup Global Markets Inc., Barclays Capital Inc., Deutsche Bank Securities Inc. and Morgan Stanley & Co. LLC are acting as joint book-running managers for the proposed offering. Wells Fargo Securities, LLC and LOYAL3 Securities Inc. are acting as co-managers for the proposed offering.
The shares of common stock to be sold in the offering will be sold by existing stockholders of Blue Buffalo. A portion of such shares will be reserved for sale, through a platform administered by LOYAL3, to individual investors so that they can have a chance to buy shares of Blue Buffalo at the same price and at the same time as institutional investors in the offering. The offering will also include shares to be issued by Blue Buffalo to approximately 1,600 non-management employees at no cost to them, which will also be offered through the LOYAL3 platform.
A registration statement on Form S-1 relating to the proposed offering has been filed with the Commission but has not yet become effective. The shares to be registered may not be sold nor may offers to buy be accepted prior to the time the registration statement becomes effective.
Thursday, May 21, 2015
Blue Buffalo files counterclaims against Purina
Blue Buffalo issued a letter to its customers on its website on May 19, 2015, regarding its ongoing battle with Nestle Purina over the labeling of ingredients in its products.
“Given all the misinformation out there, we would like to give you a quick update on the legal front. As we had informed you on May 9th, today we formally brought claims of breach of contract, fraud and unjust enrichment against the parties responsible for the intentional mislabeling of certain ingredients that were shipped to us and other well-known pet food brands through May 2014,” the statement said. “Separately, we informed the court in the case involving consumers’ claims in this matter that we would also name the same parties as defendants in that case, so they can be held fully accountable for their actions.”
Blue Buffalo’s amended answer to Purina’s lawsuit includes counterclaims against Purina and its public relations agencies and new claims against the suppliers of mislabeled ingredients.
“We encourage all of you who are interested to read our lawsuit and learn more about Nestlé Purina’s smear campaign attacking our integrity, and the supplier fraud that impacted the industry until May of last year,” the statement said.
On May 6, 2014, Purina filed a lawsuit against Blue Buffalo for false advertising after testing revealed the presence of poultry byproduct meal in some of Blue Buffalo’s top-selling pet foods. On May 6, 2015, Blue Buffalo acknowledged in court that a “substantial” and “material” portion of Blue Buffalo pet food sold to consumers contained poultry byproduct meal, despite advertising claims to the contrary.
“Given all the misinformation out there, we would like to give you a quick update on the legal front. As we had informed you on May 9th, today we formally brought claims of breach of contract, fraud and unjust enrichment against the parties responsible for the intentional mislabeling of certain ingredients that were shipped to us and other well-known pet food brands through May 2014,” the statement said. “Separately, we informed the court in the case involving consumers’ claims in this matter that we would also name the same parties as defendants in that case, so they can be held fully accountable for their actions.”
Blue Buffalo’s amended answer to Purina’s lawsuit includes counterclaims against Purina and its public relations agencies and new claims against the suppliers of mislabeled ingredients.
“We encourage all of you who are interested to read our lawsuit and learn more about Nestlé Purina’s smear campaign attacking our integrity, and the supplier fraud that impacted the industry until May of last year,” the statement said.
On May 6, 2014, Purina filed a lawsuit against Blue Buffalo for false advertising after testing revealed the presence of poultry byproduct meal in some of Blue Buffalo’s top-selling pet foods. On May 6, 2015, Blue Buffalo acknowledged in court that a “substantial” and “material” portion of Blue Buffalo pet food sold to consumers contained poultry byproduct meal, despite advertising claims to the contrary.
Wednesday, May 13, 2015
Blue Buffalo responds to Purina statement on ingredients
Blue Buffalo has responded to a press release that Purina issued May 7, 2015, after Blue Buffalo told a court that that a “substantial” and “material” portion of Blue Buffalo pet food sold to consumers contained poultry byproduct meal, despite advertising claims to the contrary.
The letter to Blue Buffalo’s customers, posted on its website, reads, in full:
“Dear Pet Parents:
“We fully understand your concern with this topic, but you should know that the recent press release by Nestle Purina is simply the latest attack in their year-long smear campaign against Blue Buffalo.
“In October of last year, we informed you that a supplier of ingredients to us and many other well-known brands of pet foods had sent chicken meal to some of their customers that contained poultry by-product meal. We said at the time that, as a result, some of our food could include this mislabeled ingredient, that we had stopped buying ingredients from this facility and that we had reached out to the FDA.
“Just recently, this former supplier made additional disclosures in legal proceedings that showed that a substantial proportion of its shipments to our contract manufacturing facilities prior to May 2014 were, in fact, mislabeled.
“In view of this new information, this past Wednesday, May 6, 2015, we informed the Court of our conclusion that a material amount of our dry foods manufactured with mislabeled ingredients shipped prior to May 2014 had been impacted, and requested permission to bring a claim against this former supplier and others involved for intentionally mislabeling ingredients and unjustly enriching themselves. The Court immediately granted our request.”
On May 6, 2014, Purina filed a lawsuit against Blue Buffalo for false advertising after testing revealed the presence of poultry byproduct meal in some of Blue Buffalo’s top-selling pet foods. Blue Buffalo’s CEO responded by immediately claiming the testing was “voodoo science” and assuring its customers that “Blue Buffalo does not use chicken byproduct meal or poultry byproduct meal in any of our products.”
The letter to Blue Buffalo’s customers, posted on its website, reads, in full:
“Dear Pet Parents:
“We fully understand your concern with this topic, but you should know that the recent press release by Nestle Purina is simply the latest attack in their year-long smear campaign against Blue Buffalo.
“In October of last year, we informed you that a supplier of ingredients to us and many other well-known brands of pet foods had sent chicken meal to some of their customers that contained poultry by-product meal. We said at the time that, as a result, some of our food could include this mislabeled ingredient, that we had stopped buying ingredients from this facility and that we had reached out to the FDA.
“Just recently, this former supplier made additional disclosures in legal proceedings that showed that a substantial proportion of its shipments to our contract manufacturing facilities prior to May 2014 were, in fact, mislabeled.
“In view of this new information, this past Wednesday, May 6, 2015, we informed the Court of our conclusion that a material amount of our dry foods manufactured with mislabeled ingredients shipped prior to May 2014 had been impacted, and requested permission to bring a claim against this former supplier and others involved for intentionally mislabeling ingredients and unjustly enriching themselves. The Court immediately granted our request.”
On May 6, 2014, Purina filed a lawsuit against Blue Buffalo for false advertising after testing revealed the presence of poultry byproduct meal in some of Blue Buffalo’s top-selling pet foods. Blue Buffalo’s CEO responded by immediately claiming the testing was “voodoo science” and assuring its customers that “Blue Buffalo does not use chicken byproduct meal or poultry byproduct meal in any of our products.”
Monday, May 11, 2015
Blue Buffalo admits to byproduct meal, Purina responds
Purina has issued a response to Blue Buffalo’s admission in court on May 6, 2015, that a “substantial” and “material” portion of Blue Buffalo pet food sold to consumers contained poultry byproduct meal, despite advertising claims to the contrary.
Blue Buffalo has asked the court for additional time to file an amended complaint in the litigation, naming its ingredient suppliers as defendants.
“Despite this admission, Blue Buffalo still has not informed consumers of the presence of poultry byproduct meal in Blue Buffalo pet food, refuses to accept responsibility for the product it sold and is instead blaming its suppliers,” said Keith Schopp, a spokesperson for Nestlé Purina Petcare.
On May 6, 2014, Purina filed a lawsuit against Blue Buffalo for false advertising after testing revealed the presence of poultry byproduct meal in some of Blue Buffalo’s top-selling pet foods. Blue Buffalo’s CEO responded by immediately claiming the testing was “voodoo science” and assuring its customers that “Blue Buffalo does not use chicken byproduct meal or poultry byproduct meal in any of our products.”
Blue Buffalo has called into question Purina’s independent testing by Windsor Laboratories, saying that the research “does not even come close to meeting the basic requirements of a scientific test, let alone being something to use as support to make their outrageous, malicious allegations.” The lab, said Blue Buffalo, is actually a single individual with “dubious scientific credentials” who works out of a home lab. The analysis was performed “with a rudimentary microscope under less than optimal conditions with questionable methods and record keeping.” The company has conducted a report on the research, via Vinayak P. Dravid, PhD.
According to Purina, “Windsor Laboratories is a well-recognized laboratory specializing in microscopic analysis for the agricultural and other related industries, including the pet food industry. Its owner, Dr. James V. Makowski, is the author and lead editor of Microscopic Analysis of Agricultural Products (4th Edition, 2010), a training resource on the subject of microscopic analysis of agricultural products used by the US Food and Drug Administration.”
According to Schopp, “Only when faced with undeniable evidence from the lawsuit has Blue Buffalo admitted the truth to the court: a ‘substantial’ and ‘material’ portion of Blue Buffalo pet food sold over the past several years contained poultry byproduct meal. It is unclear to us if or when this practice stopped, or whether any Blue Buffalo pet food containing byproduct meal is still on store shelves.”
According to petfoodindustry.com’s Top Pet Food Companies Database, Blue Buffalo made US$750 million in sales in 2013.
“Through a $50 million annual advertising campaign that flooded airwaves and pet food aisles alike, Blue Buffalo told consumers over and over, emphatically and without qualification, that its products never contain poultry byproduct meal,” said Schopp.
“Blue Buffalo now claims it had no way of knowing the bags contained byproduct meal. A manufacturer is responsible for knowing what’s in its product, and a simple audit of its supply chain would have revealed what we discovered after reviewing the documentation,” Schopp said. “Blue Buffalo owes consumers an apology for all the false statements, false labels and false advertising. More than this, it is time for Blue Buffalo to be transparent with the public and prove to their ‘pet parents’ that no mislabeled product remains on shelves.”
Blue Buffalo has asked the court for additional time to file an amended complaint in the litigation, naming its ingredient suppliers as defendants.
“Despite this admission, Blue Buffalo still has not informed consumers of the presence of poultry byproduct meal in Blue Buffalo pet food, refuses to accept responsibility for the product it sold and is instead blaming its suppliers,” said Keith Schopp, a spokesperson for Nestlé Purina Petcare.
On May 6, 2014, Purina filed a lawsuit against Blue Buffalo for false advertising after testing revealed the presence of poultry byproduct meal in some of Blue Buffalo’s top-selling pet foods. Blue Buffalo’s CEO responded by immediately claiming the testing was “voodoo science” and assuring its customers that “Blue Buffalo does not use chicken byproduct meal or poultry byproduct meal in any of our products.”
Blue Buffalo has called into question Purina’s independent testing by Windsor Laboratories, saying that the research “does not even come close to meeting the basic requirements of a scientific test, let alone being something to use as support to make their outrageous, malicious allegations.” The lab, said Blue Buffalo, is actually a single individual with “dubious scientific credentials” who works out of a home lab. The analysis was performed “with a rudimentary microscope under less than optimal conditions with questionable methods and record keeping.” The company has conducted a report on the research, via Vinayak P. Dravid, PhD.
According to Purina, “Windsor Laboratories is a well-recognized laboratory specializing in microscopic analysis for the agricultural and other related industries, including the pet food industry. Its owner, Dr. James V. Makowski, is the author and lead editor of Microscopic Analysis of Agricultural Products (4th Edition, 2010), a training resource on the subject of microscopic analysis of agricultural products used by the US Food and Drug Administration.”
According to Schopp, “Only when faced with undeniable evidence from the lawsuit has Blue Buffalo admitted the truth to the court: a ‘substantial’ and ‘material’ portion of Blue Buffalo pet food sold over the past several years contained poultry byproduct meal. It is unclear to us if or when this practice stopped, or whether any Blue Buffalo pet food containing byproduct meal is still on store shelves.”
According to petfoodindustry.com’s Top Pet Food Companies Database, Blue Buffalo made US$750 million in sales in 2013.
“Through a $50 million annual advertising campaign that flooded airwaves and pet food aisles alike, Blue Buffalo told consumers over and over, emphatically and without qualification, that its products never contain poultry byproduct meal,” said Schopp.
“Blue Buffalo now claims it had no way of knowing the bags contained byproduct meal. A manufacturer is responsible for knowing what’s in its product, and a simple audit of its supply chain would have revealed what we discovered after reviewing the documentation,” Schopp said. “Blue Buffalo owes consumers an apology for all the false statements, false labels and false advertising. More than this, it is time for Blue Buffalo to be transparent with the public and prove to their ‘pet parents’ that no mislabeled product remains on shelves.”
Tuesday, March 10, 2015
Blue Buffalo launches Shelter Starts to celebrate pet adoption
Blue Buffalo has launched BLUE Shelter Stars, a website celebrating pet adoption and the work of America’s animal shelters.
With so many homeless pets across the country, pet parents are making a difference in the lives of animals that deserve a second chance. The website gives pet parents the opportunity to share the love of their adopted dogs and cats, uploading photos, videos and stories about their own “Shelter Stars.”
In addition to community-generated content, the website will serve as an information hub about animal shelters and rescues, pet adoption and more.
"Over the years, we've helped place over 2.5 million pets in forever homes through our animal welfare initiatives," said David Petrie, vice president, Blue Buffalo Co. "We look forward to continuing our work with animal shelters and celebrate pet parents who choose to adopt."
The website launches in anticipation of the Blue Buffalo-sponsored NBC TV special, “Best in Shelter,” hosted by animal welfare advocate and former NBC correspondent, Jill Rappaport. The show highlights pet adoption centers from around the country and includes appearances from celebrity animal lovers Betty White, Lindsey Vonn and others. One dog from each shelter will be named "Best in Shelter" and win a one-year supply of a food-filled care package from Blue Buffalo.
In addition to community-generated content, the website will serve as an information hub about animal shelters and rescues, pet adoption and more.
"Over the years, we've helped place over 2.5 million pets in forever homes through our animal welfare initiatives," said David Petrie, vice president, Blue Buffalo Co. "We look forward to continuing our work with animal shelters and celebrate pet parents who choose to adopt."
The website launches in anticipation of the Blue Buffalo-sponsored NBC TV special, “Best in Shelter,” hosted by animal welfare advocate and former NBC correspondent, Jill Rappaport. The show highlights pet adoption centers from around the country and includes appearances from celebrity animal lovers Betty White, Lindsey Vonn and others. One dog from each shelter will be named "Best in Shelter" and win a one-year supply of a food-filled care package from Blue Buffalo.
Tuesday, February 10, 2015
Blue Buffalo reaches 1 million pet adoptions in campaign
In participation with the Blue Buffalo Home 4 the Holidays pet adoption campaign, the Monmouth County, New Jersey-based SPCA introduced the Ferrier Family to its newest member—a cat named Watermark. Blue Buffalo announced that Watermark's adoption officially marked one million pets adopted in the company's holiday adoption drive.
In celebration of the Home 4 the Holidays campaign reaching its goal of 1 million pets adopted, Blue Buffalo is hosting an event to honor the adopting family and the shelter. The Ferrier family will receive a one-year supply of Blue Buffalo product for their new cat and the Monmouth County SPCA will be gifted with 2,500 pounds of food. Event attendees will hear remarks from the family and the Monmouth County SPCA, and receive a tour of the adoption facility.
"We couldn't be more proud of the work that the Monmouth County SPCA is doing in the region to provide a safe haven for homeless, abused and abandoned pets," said David Petrie, vice president at Blue Buffalo. "The Ferriers' adoption of Watermark is a testament to the tremendous efforts being made at the shelter to prepare animals for adoption."
Blue Buffalo partnered with the Helen Woodward Animal Center for the Blue Buffalo Home 4 the Holidays campaign, founded in 1999. Each year, the three-month adoption drive aims to save the lives of orphan pets and raise awareness about the importance of pet adoption during the holiday season. Blue Buffalo and the Helen Woodward Animal Center's partnership created a coalition of more than 4,000 international pet adoption agencies, facilities and rescue groups. The campaign has saved more than 10 million pets since its inception.
"We couldn't be more proud of the work that the Monmouth County SPCA is doing in the region to provide a safe haven for homeless, abused and abandoned pets," said David Petrie, vice president at Blue Buffalo. "The Ferriers' adoption of Watermark is a testament to the tremendous efforts being made at the shelter to prepare animals for adoption."
Blue Buffalo partnered with the Helen Woodward Animal Center for the Blue Buffalo Home 4 the Holidays campaign, founded in 1999. Each year, the three-month adoption drive aims to save the lives of orphan pets and raise awareness about the importance of pet adoption during the holiday season. Blue Buffalo and the Helen Woodward Animal Center's partnership created a coalition of more than 4,000 international pet adoption agencies, facilities and rescue groups. The campaign has saved more than 10 million pets since its inception.
Tuesday, October 28, 2014
Blue Buffalo addresses Wilbur-Ellis petfood ingredient issue
Blue Buffalo has taken to its site to address an issue with Wilbur-Ellis petfood ingredients, after the Wilbur-Ellis' Texas processing plant mislabeled some ingredients.
"Blue Buffalo has recently learned from Wilbur-Ellis, a major US company that supplies ingredients to us and many other well-known brands of petfoods, that a Texas petfood ingredient processing plant they own had mislabeled some of the ingredients they shipped to their customers," said Bill Bishop, founder and chairman of Blue Buffalo, in an open letter to customers. "So while their customers were ordering and paying for 100% chicken meal, at times they were receiving shipments that contained poultry by-product meal.
"Since this Wilbur-Ellis plant was the source of some of our chicken meal, we may have received some of these mislabeled shipments, and there likely are numerous other petfood companies who also received these mislabeled ingredients," he said. "The FDA has been informed of this situation, and you may rest assured that this mislabeling poses no health, safety or nutrition issue. And while this is comforting, since the health and well-being of our dogs and cats comes before anything else, the fact that any Blue Buffalo food could include a mislabeled ingredient is totally unacceptable. As a result, we have stopped doing business with this plant."
The mislabeling issue was apparently corrected months ago, but Blue Buffalo strives for transparency, said Bishop, and he felt customers deserved to know.
"Since this Wilbur-Ellis plant was the source of some of our chicken meal, we may have received some of these mislabeled shipments, and there likely are numerous other petfood companies who also received these mislabeled ingredients," he said. "The FDA has been informed of this situation, and you may rest assured that this mislabeling poses no health, safety or nutrition issue. And while this is comforting, since the health and well-being of our dogs and cats comes before anything else, the fact that any Blue Buffalo food could include a mislabeled ingredient is totally unacceptable. As a result, we have stopped doing business with this plant."
The mislabeling issue was apparently corrected months ago, but Blue Buffalo strives for transparency, said Bishop, and he felt customers deserved to know.
Monday, October 6, 2014
Purina, Blue Buffalo continue arguments in false advertising case
On September 18, 2014, Nestlé Purina PetCare Company filed an amended complaint in its false advertising lawsuit against Blue Buffalo, alleging additional false advertising in the marketing of the company's petfood, treats and cat litter. On September 19, Blue Buffalo posted a letter from founder and Chairman Bill Bishop disputing Purina's independent testing, saying the person involved has "dubious scientific credentials."
According to Purina, new testing showed that "Blue Buffalo's 'LifeSource Bits' actually have lower levels of some key nutrients than the standard kibble found in Blue Buffalo petfood." In addition, said Purina, Blue Buffalo's Jolly Joints dog treats have inadequate levels of glucosamine to provide the joint and hip health benefits the product claims. The company also said that "Blue Buffalo’s claims that its cat litter products have 'three times the absorption power' of the leading clay-based litter, and '1.5X-8.5X More Odor Control' than leading clumping litter, are also false and misleading against Purina’s litter products."
But Blue Buffalo has called into question Purina's independent testing by Windsor Laboratories, saying that the research "does not even come close to meeting the basic requirements of a scientific test, let alone being something to use as support to make their outrageous, malicious allegations." The lab, said Blue Buffalo, is actually a single individual with "dubious scientific credentials" who works out of a home lab. The analysis was performed "with a rudimentary microscope under less than optimal conditions with questionable methods and record keeping." The company has conducted a report on the research, via Vinayak P. Dravid, PhD.
According to Purina, "Windsor Laboratories is a well-recognized laboratory specializing in microscopic analysis for the agricultural and other related industries, including the petfood industry. Its owner, Dr. James V. Makowski, is the author and lead editor of Microscopic Analysis of Agricultural Products (4th Edition, 2010), a training resource on the subject of microscopic analysis of agricultural products used by the US Food and Drug Administration."
The case in question is Nestlé Purina PetCare Company v. Blue Buffalo Company Ltd., Civil Case No. 4:14-cv-00859.
For further coverage of Purina vs. Blue Buffalo:
Purina sues Blue Buffalo for false advertising, disparagement
Blue Buffalo responds to Nestle Purina lawsuit
BLOG: Purina and Blue Buffalo wage petfood marketing claims war
Blue Buffalo officially files lawsuit against Nestle Purina
Review board recommends Blue Buffalo modify advertising
But Blue Buffalo has called into question Purina's independent testing by Windsor Laboratories, saying that the research "does not even come close to meeting the basic requirements of a scientific test, let alone being something to use as support to make their outrageous, malicious allegations." The lab, said Blue Buffalo, is actually a single individual with "dubious scientific credentials" who works out of a home lab. The analysis was performed "with a rudimentary microscope under less than optimal conditions with questionable methods and record keeping." The company has conducted a report on the research, via Vinayak P. Dravid, PhD.
According to Purina, "Windsor Laboratories is a well-recognized laboratory specializing in microscopic analysis for the agricultural and other related industries, including the petfood industry. Its owner, Dr. James V. Makowski, is the author and lead editor of Microscopic Analysis of Agricultural Products (4th Edition, 2010), a training resource on the subject of microscopic analysis of agricultural products used by the US Food and Drug Administration."
The case in question is Nestlé Purina PetCare Company v. Blue Buffalo Company Ltd., Civil Case No. 4:14-cv-00859.
For further coverage of Purina vs. Blue Buffalo:
Purina sues Blue Buffalo for false advertising, disparagement
Blue Buffalo responds to Nestle Purina lawsuit
BLOG: Purina and Blue Buffalo wage petfood marketing claims war
Blue Buffalo officially files lawsuit against Nestle Purina
Review board recommends Blue Buffalo modify advertising
Tuesday, September 9, 2014
Blue Buffalo opens Heartland Pet Food Manufacturing facility
Blue Buffalo Company has opened its new Heartland Pet Food Manufacturing facility in Joplin, Missouri. The 416,000-square-foot facility includes a state-of-the-art dry petfood manufacturing plant and an attached full-service distribution center, according to the company.
“This is a very big day for Blue Buffalo,” said Chairman and Founder Bill Bishop of opening day. “We now have the most modern manufacturing facility in the petfood industry. And we are proud to have created 150 full-time jobs which will contribute to Joplin’s great recovery from the catastrophic tornado in 2011.”
Joining Bishop and Schmidt at the August 20, 2014, ribbon cutting ceremony were Blue Buffalo founding Bishop family members Jackie, Billy and Chris, Senior Vice President of Supply Chain Choo Lim, who was responsible for the construction of the Heartland facility, and representatives of the Blue Buffalo management team. Missouri State Senator Ron Richard offered words of welcome to all in attendance at the Heartland Ribbon Cutting Ceremony. Also participating were Joplin Mayor Michael Seibert, Rob O’Brien the Chairman and President of the Joplin area Chamber of Commerce and representatives of the state of Missouri.
“This is a very big day for Blue Buffalo,” said Chairman and Founder Bill Bishop of opening day. “We now have the most modern manufacturing facility in the petfood industry. And we are proud to have created 150 full-time jobs which will contribute to Joplin’s great recovery from the catastrophic tornado in 2011.”
Joining Bishop and Schmidt at the August 20, 2014, ribbon cutting ceremony were Blue Buffalo founding Bishop family members Jackie, Billy and Chris, Senior Vice President of Supply Chain Choo Lim, who was responsible for the construction of the Heartland facility, and representatives of the Blue Buffalo management team. Missouri State Senator Ron Richard offered words of welcome to all in attendance at the Heartland Ribbon Cutting Ceremony. Also participating were Joplin Mayor Michael Seibert, Rob O’Brien the Chairman and President of the Joplin area Chamber of Commerce and representatives of the state of Missouri.
Thursday, July 3, 2014
Blue Buffalo, Petco raise millions for pet cancer research
Blue Buffalo and Petco have raised more than US$2.4 million in 2014 for pet cancer research. The partnership, which began in 2010, has raised more than US$7 million total so far. This year, Blue Buffalo donated US$1 to go to pet cancer research for every bag of Blue dog or cat food sold during the month of May at any of the more than 1,300 Petcos nationwide. Additionally, Petco customers were asked to make a donation at the cash register or online.
Money raised will fund efforts like the Denver, Colorado-based Morris Animal Foundation’s 5-5-5 Initiative, which will conduct five annual clinical trials on osteosarcoma, the most common form of bone cancer in dogs. Additional money will be distributed to universities and clinics across the US that are conducting research on the causes, prevention and treatment of canine and feline cancer, as well as to organizations that are dedicated to helping families in need cover the cost of pet cancer treatments.
Money raised will fund efforts like the Denver, Colorado-based Morris Animal Foundation’s 5-5-5 Initiative, which will conduct five annual clinical trials on osteosarcoma, the most common form of bone cancer in dogs. Additional money will be distributed to universities and clinics across the US that are conducting research on the causes, prevention and treatment of canine and feline cancer, as well as to organizations that are dedicated to helping families in need cover the cost of pet cancer treatments.
Tuesday, May 27, 2014
Blue Buffalo officially files lawsuit against Nestle Purina
The Blue Buffalo Company Ltd. officially filed a lawsuit against Nestlé Purina PetCare Company on May 14, 2014. The lawsuit, in response to a lawsuit filed by Purina against Blue Buffalo, claims defamation, unfair competition, false advertising and violations of trade practice statutes.
More specifically, the complaint states that Purina has blanketed the media with blatantly false ads about Blue Buffalo’s ingredients and malicious attacks on Blue Buffalo’s integrity. Blue Buffalo seeks injunctive relief, corrective advertising and damages "occasioned by defendants’ false and deceptive advertising campaign," according to the company.
"In our lawsuit we demand that Nestle Purina be held accountable for their actions, and that they stop their carefully orchestrated PR campaign designed to erode the trust that pet parents place in our BLUE brand," said Blue Buffalo Founder and Chairman Bill Bishop. "Product quality has always been at the center of everything we do at Blue Buffalo, so we are not about to let Nestle Purina make derogatory and unsubstantiated claims about our company, our people and our products."
The company said that while the matter is now in the courts, Blue Buffalo intends to continue defending its integrity and product quality. "[Litigation] is not the way Blue Buffalo likes to do business, said Bishop. "We’d much prefer an environment of transparency in which pet parents know the ingredients of every petfood, and decide for themselves which one they want to feed their dog or cat."
The lawsuit was filed in US District Court for the Eastern District of Missouri in St. Louis under the case caption Blue Buffalo Company, Ltd. v. Nestle Purina Pet Care Company, and John Does 1 – 10.
More specifically, the complaint states that Purina has blanketed the media with blatantly false ads about Blue Buffalo’s ingredients and malicious attacks on Blue Buffalo’s integrity. Blue Buffalo seeks injunctive relief, corrective advertising and damages "occasioned by defendants’ false and deceptive advertising campaign," according to the company.
"In our lawsuit we demand that Nestle Purina be held accountable for their actions, and that they stop their carefully orchestrated PR campaign designed to erode the trust that pet parents place in our BLUE brand," said Blue Buffalo Founder and Chairman Bill Bishop. "Product quality has always been at the center of everything we do at Blue Buffalo, so we are not about to let Nestle Purina make derogatory and unsubstantiated claims about our company, our people and our products."
The company said that while the matter is now in the courts, Blue Buffalo intends to continue defending its integrity and product quality. "[Litigation] is not the way Blue Buffalo likes to do business, said Bishop. "We’d much prefer an environment of transparency in which pet parents know the ingredients of every petfood, and decide for themselves which one they want to feed their dog or cat."
The lawsuit was filed in US District Court for the Eastern District of Missouri in St. Louis under the case caption Blue Buffalo Company, Ltd. v. Nestle Purina Pet Care Company, and John Does 1 – 10.
Friday, May 23, 2014
Blue Buffalo responds to Nestle Purina lawsuit
The Blue Buffalo Company Ltd. has responded to a lawsuit filed by Nestle Purina PetCare Company, claiming that the lawsuit's allegations are false. Blue Buffalo said that it intends to "aggressively defend the integrity of our brand and our products.
"It is an easy thing to make unsubstantiated claims, put them in a lawsuit and then publish them all over the web to disparage and defame a company," said Blue Buffalo. "It is quite another thing to prove those allegations." Nestle Purina's lawsuit claims that several of Blue Buffalo's products do in fact contain poultry by-product meal, corn and rice hulls, despite Blue Buffalo's marketing to the contrary. Blue Buffalo reiterated in its response that the company does not use chicken by-product meal or poultry by-product meal in any of its products; does not use ground corn in any of its products; and does not use artificial preservatives in any of its products.
"We’re disappointed to see one of the largest food companies in the world, with over US$100 billion in sales, launching such a baseless lawsuit against a family-run company and attempting to prosecute it on the Internet," said Blue Buffalo Founder and Chairman Bill Bishop. "My sons and I founded Blue Buffalo with the mission of bringing transparency to petfoods, and made the True Blue Promise to our pet parents. Clearly, some of our major competitors, who have built their business using lower cost ingredients, are upset. We will always stand behind our promise and our products."
"It is an easy thing to make unsubstantiated claims, put them in a lawsuit and then publish them all over the web to disparage and defame a company," said Blue Buffalo. "It is quite another thing to prove those allegations." Nestle Purina's lawsuit claims that several of Blue Buffalo's products do in fact contain poultry by-product meal, corn and rice hulls, despite Blue Buffalo's marketing to the contrary. Blue Buffalo reiterated in its response that the company does not use chicken by-product meal or poultry by-product meal in any of its products; does not use ground corn in any of its products; and does not use artificial preservatives in any of its products.
"We’re disappointed to see one of the largest food companies in the world, with over US$100 billion in sales, launching such a baseless lawsuit against a family-run company and attempting to prosecute it on the Internet," said Blue Buffalo Founder and Chairman Bill Bishop. "My sons and I founded Blue Buffalo with the mission of bringing transparency to petfoods, and made the True Blue Promise to our pet parents. Clearly, some of our major competitors, who have built their business using lower cost ingredients, are upset. We will always stand behind our promise and our products."
Wednesday, May 21, 2014
Purina sues Blue Buffalo for false advertising, disparagement
Nestlé Purina PetCare Company has filed a lawsuit in federal court in St. Louis, Missouri, against The Blue Buffalo Company Ltd., for false advertising, disparagement and unjust enrichment—including violations of the Federal Lanham Act (15 U.S.C. § 1125(a)).
Blue Buffalo’s promotion, advertising and packaging state that its petfood products contain “No Chicken/Poultry By-Product Meals.” In its complaint, Purina alleges that testing conducted by an independent laboratory found that several of Blue Buffalo’s “Life Protection” petfood products contained significant percentages of poultry by-product meal. Testing was done from samples of multiple formulas of Blue Buffalo petfood purchased at retail stores on both the East and West Coasts, says Purina. Independent testing also showed that Blue Buffalo “LifeSource Bits” contain poultry by-product meal and corn, and several Blue Buffalo products promoted as “grain-free” actually contain rice hulls, according to the company.
The lawsuit follows a March 2014 decision of the National Advertising Division (NAD) of the Council of Better Business Bureaus, which found that Blue Buffalo is engaging in misleading advertising practices with respect to its claims about competing products. The NAD decision recommended that Blue Buffalo correct its television ad campaigns by removing all of its allegations that Blue Buffalo’s competitors are misleading consumers.
Blue Buffalo’s promotion, advertising and packaging state that its petfood products contain “No Chicken/Poultry By-Product Meals.” In its complaint, Purina alleges that testing conducted by an independent laboratory found that several of Blue Buffalo’s “Life Protection” petfood products contained significant percentages of poultry by-product meal. Testing was done from samples of multiple formulas of Blue Buffalo petfood purchased at retail stores on both the East and West Coasts, says Purina. Independent testing also showed that Blue Buffalo “LifeSource Bits” contain poultry by-product meal and corn, and several Blue Buffalo products promoted as “grain-free” actually contain rice hulls, according to the company.
The lawsuit follows a March 2014 decision of the National Advertising Division (NAD) of the Council of Better Business Bureaus, which found that Blue Buffalo is engaging in misleading advertising practices with respect to its claims about competing products. The NAD decision recommended that Blue Buffalo correct its television ad campaigns by removing all of its allegations that Blue Buffalo’s competitors are misleading consumers.
Friday, April 4, 2014
National Advertising Division recommends Blue Buffalo modify claims to avoid disparaging competitors
- "It takes a lot to get me mad, but it really hit me when I realized that his big name dog food had chicken by-product meal as a first ingredient-not real meat. It felt like they fooled me, so I switched Leo to BLUE Buffalo."
- "If you are feeding one of the big-name brands, chances are you're in for a big let-down."
- "Pet parents are learning the truth about the ingredients in some of the leading dog food brands. Don't be fooled by the big name dog food brands."
The National Advertising Division (NAD) has recommended that Blue Buffalo Company Ltd., manufacturer of BLUE brand petfood products, modify certain advertising claims to avoid disparaging competing petfood makers. The company has said it will appeal some of NAD's findings to the National Advertising Review Board.
The claims at issue appeared in television, Internet, print and mobile advertising and were challenged by Hill's Pet Nutrition Inc., a competing manufacturer of petfood products.
NAD is an investigative unit of the advertising industry's system of self-regulation. It is administered by the Council of Better Business Bureaus.
NAD examined express advertising claims that included:
Consumers also are invited to compare their pet's food to BLUE petfood by taking the "True BLUE Test," an online comparison tool that allows consumers to choose one or more petfoods (including Hill's Science Diet products) to compare against BLUE dog and cat food based on five ingredient factors: 1) ALWAYS Has Real Meat as the First Ingredient; 2) ALWAYS Includes Veggies and Fruit; 3) NEVER Has Chicken (or Poultry) By-Product Meals; 4) NEVER Has Artificial Colors, Flavors or Preservatives; and 5) NEVER has Corn, Wheat or Soy.
The challenger argued that all of the challenged advertising conveys the same falsely disparaging and inflammatory message-that "big name" petfood manufacturers, including Hill's, are actively try to conceal the fact that they include chicken by-product meal, instead of meat, as the first ingredient. Further, the challenger contended, the online "True BLUE Test" makes inaccurate, brand-wide comparisons that imply all, or almost all, products from every major competitor contain ingredients such as chicken by-product meal.
The advertiser contended that its market research shows that many pet owners prefer meat as the first ingredient of their petfood and do not want their pet's food to contain any chicken or poultry by-product meals. Further, the advertiser maintained that the surprised and angry reactions of the actors constitute puffery.
NAD has previously held that while companies can and should inform consumers about the composition of their petfood, they may not falsely disparage competing products by communicating unsupported messages that these products are less healthy, less safe or nutritionally inferior. NAD determined that the challenged advertisements reasonably conveyed that leading petfood makers are misleading consumers by actively concealing the content of their products and by positioning their products as high quality when they are not and that consumers should switch to BLUE.
NAD recommended that the advertiser modify the challenged advertisements to avoid any express or implied references to competing manufacturers "fooling" or otherwise misleading consumers because their products include meat or chicken by-product meals. However, NAD noted, the advertiser is free to promote the high-quality ingredients in its products and to encourage consumers to check product labels before making purchasing decisions. NAD further recommended significant modifications to the advertiser's online "True BLUE Test" to assure that comparisons are truthful and accurate, that disclosures are clear, conspicuous and easy to read and assure that checkmarks-signifying positive petfood attributes-are uniform in color to equally highlight the positive attributes of both BLUE and its competitors.
Blue Buffalo, in its advertiser's statement, said the company is "particularly disappointed with NAD's recommendations regarding its long-standing True Blue Test." Nevertheless, the company said, it would make the recommended changes to the test, but will appeal NAD's remaining recommendations to the NARB.
The claims at issue appeared in television, Internet, print and mobile advertising and were challenged by Hill's Pet Nutrition Inc., a competing manufacturer of petfood products.
NAD is an investigative unit of the advertising industry's system of self-regulation. It is administered by the Council of Better Business Bureaus.
NAD examined express advertising claims that included:
Consumers also are invited to compare their pet's food to BLUE petfood by taking the "True BLUE Test," an online comparison tool that allows consumers to choose one or more petfoods (including Hill's Science Diet products) to compare against BLUE dog and cat food based on five ingredient factors: 1) ALWAYS Has Real Meat as the First Ingredient; 2) ALWAYS Includes Veggies and Fruit; 3) NEVER Has Chicken (or Poultry) By-Product Meals; 4) NEVER Has Artificial Colors, Flavors or Preservatives; and 5) NEVER has Corn, Wheat or Soy.
The challenger argued that all of the challenged advertising conveys the same falsely disparaging and inflammatory message-that "big name" petfood manufacturers, including Hill's, are actively try to conceal the fact that they include chicken by-product meal, instead of meat, as the first ingredient. Further, the challenger contended, the online "True BLUE Test" makes inaccurate, brand-wide comparisons that imply all, or almost all, products from every major competitor contain ingredients such as chicken by-product meal.
The advertiser contended that its market research shows that many pet owners prefer meat as the first ingredient of their petfood and do not want their pet's food to contain any chicken or poultry by-product meals. Further, the advertiser maintained that the surprised and angry reactions of the actors constitute puffery.
NAD has previously held that while companies can and should inform consumers about the composition of their petfood, they may not falsely disparage competing products by communicating unsupported messages that these products are less healthy, less safe or nutritionally inferior. NAD determined that the challenged advertisements reasonably conveyed that leading petfood makers are misleading consumers by actively concealing the content of their products and by positioning their products as high quality when they are not and that consumers should switch to BLUE.
NAD recommended that the advertiser modify the challenged advertisements to avoid any express or implied references to competing manufacturers "fooling" or otherwise misleading consumers because their products include meat or chicken by-product meals. However, NAD noted, the advertiser is free to promote the high-quality ingredients in its products and to encourage consumers to check product labels before making purchasing decisions. NAD further recommended significant modifications to the advertiser's online "True BLUE Test" to assure that comparisons are truthful and accurate, that disclosures are clear, conspicuous and easy to read and assure that checkmarks-signifying positive petfood attributes-are uniform in color to equally highlight the positive attributes of both BLUE and its competitors.
Blue Buffalo, in its advertiser's statement, said the company is "particularly disappointed with NAD's recommendations regarding its long-standing True Blue Test." Nevertheless, the company said, it would make the recommended changes to the test, but will appeal NAD's remaining recommendations to the NARB.
Wednesday, March 26, 2014
Blue Buffalo chooses IPO bookrunners
Premium petfood company Blue Buffalo has hired banks for an initial public offering that could come later in 2014, according to sources.
The company has selected JPMorgan Chase & Co., Morgan Stanley and Citigroup Inc. to lead the IPO. Blue Buffalo is looking to go public amid positive industry trends like rising pet ownership and an increase in spending among pet owners for their animals.
The company has selected JPMorgan Chase & Co., Morgan Stanley and Citigroup Inc. to lead the IPO. Blue Buffalo is looking to go public amid positive industry trends like rising pet ownership and an increase in spending among pet owners for their animals.
Friday, March 21, 2014
Blue Buffalo to discontinue Blue Longevity line
Blue Buffalo will discontinue its dog and cat food Blue Longevity product lines because it could not attract enough consumers to make it a viable brand, the company said.
The company suggests that pet owners who use Blue Longevity try one of its healthy weight products for dogs and cats as an alternative. Blue Buffalo these products all contain only the finest natural ingredients, with real chicken, turkey or beef as the first ingredient and are formulated to help dogs and cats achieve and maintain a healthy weight.
The company suggests that pet owners who use Blue Longevity try one of its healthy weight products for dogs and cats as an alternative. Blue Buffalo these products all contain only the finest natural ingredients, with real chicken, turkey or beef as the first ingredient and are formulated to help dogs and cats achieve and maintain a healthy weight.
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