U.S. | Fri Aug 12, 2016 5:14pm EDT

U.S. court will not scrap lawsuit over Purina Beggin’ dog treats

By Jessica Dye | NEW YORK

A U.S. judge on Friday threw a bone to a New York man whose lawsuit claims Nestle Purina Petcare Co (NESNP.UL) duped dog owners into thinking its Beggin’ treats are made mostly of real bacon.

U.S. District Judge Kenneth Karas in the Southern District of New York largely denied Nestle Purina’s bid to dismiss the proposed class action brought last year by Paul Kacocha of Dutchess County, New York. The lawsuit accuses the company of violating New York consumer-protection law with its marketing of the popular Beggin’ products.

Kacocha, who owns a West Highland terrier named Sophie, said he and other New York consumers paid a premium for Beggin’ treats on the assumption that their primary ingredient was pork bacon, when in fact the meat is just a small part of the pet product.

He pointed out that the treats are meant to look, smell and resemble actual bacon – and that the name “Beggin’” sounds like the word “bacon” – despite being made primarily of ingredients like wheat, corn, water and soy.

St. Louis-based Nestle Purina, a subsidiary of Nestle SA, asked Karas to toss the case, arguing that no reasonable consumer could be misled by the products’ advertising, marketing and packaging.

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