| NEW YORK, April 13
NEW YORK, April 13 A lawsuit accusing Nestle
Purina Petcare Co of fooling dog owners into thinking
its Beggin' dog treats are made mostly of real bacon has been
Nestle Purina and plaintiff Paul Kacocha jointly agreed to
dismiss the proposed class-action case, according to a filing on
Wednesday with the federal court in White Plains, New York.
Kacocha, the owner of a West Highland terrier named Sophie,
accused Nestle Purina of charging a premium price for Beggin'
treats, egging on consumers with packaging that depicts bacon
strips and touts how the treats are "made with real bacon!"
His lawsuit also pointed to the well-known television ad
campaign in which excitable dogs successfully prod their owners
for the treats.
But the Dutchess County, New York, resident said bacon was
only 10th on the ingredients list, trailing "filler" such as
wheat, corn gluten, soybean meal and corn syrup. He said Nestle
Purina's marketing violated state consumer protection laws.
Nestle Purina, its outside lawyer, and Kacocha's lawyers did
not respond on Thursday to requests for comment.
U.S. District Judge Kenneth Karas closed the lawsuit on
Wednesday, eight months after rejecting a Nestle Purina request
it be dismissed.
The St. Louis-based unit of Switzerland's Nestle SA
had in court papers rejected any suggestion it tried to
"masquerade the product as just bacon."
Kacocha had sought unspecified damages in his lawsuit.
The case is Kacocha et al v. Nestle Purina Petcare Co, U.S.
District Court, Southern District of New York, No. 15-05489.
(Reporting by Jonathan Stempel in New York; Editing by Jonathan