A class action lawsuit related to the use of certain chemicals on pet food packaging has moved closer to certification in the United States District Court for the Northern District of California, reported Top Class Actions. The lawsuit involves the use of per- and polyfluoroalkyl substances (PFAS) on pet food packages and the alleged health effects on pets from those compounds, often referred to as “forever chemicals” because of their longevity both in and out of living bodies. In late 2025, Judge William H. Orrick stated that he is inclined to certify a California consumer class against The J.M. Smucker Co. and Post Consumer Brands LLC. The case is Humphrey, et al. v. The J.M. Smucker Co., Case No. 3:22-cv-06913.
Per- and polyfluoroalkyl substances (PFAS) are a broad category of synthetic chemicals valued for oil, grease and water resistance, including in some food-contact packaging, according to the U.S. Food and Drug Administration. In pet food packaging, consumer concerns often focus on PFAS used for barrier performance. PFAS also can be present indirectly as a processing aid during packaging manufacture, a use sometimes described in practical terms as a lubricant. In plastic film production, some fluoropolymer-based additives are used at very low levels as polymer processing aids to reduce friction between molten plastic and manufacturing equipment during extrusion, which can improve processing and reduce defects.
Case details and where it stands
The lawsuit began Nov. 4, 2022, when Robin Humphrey sued The J.M. Smucker Co., alleging the company marketed certain 9Lives, Kibbles ‘n Bits and Meow Mix products as “healthful” while the packaging allegedly contained per- and polyfluoroalkyl substances (PFAS) and the food allegedly contained titanium dioxide.
On May 22, 2023, Orrick granted Smucker’s motion to dismiss in part and denied it in part. In that order, the judge found Humphrey had adequately alleged an economic injury for standing purposes in a false advertising case, but he dismissed the claims asserted on behalf of a multistate subclass with leave to amend, reasoning Humphrey lacked standing to represent purchasers in states where she did not buy the products.
Ownership of several brands named in the lawsuit changed shortly after the case was filed. Smucker announced on Feb. 8, 2023, that it agreed to divest several pet food brands, including 9Lives and Kibbles ‘n Bits, to Post Holdings Inc., and it closed that divestiture on April 28, 2023.
In the most recent public update, Orrick held a Zoom hearing on Dec. 9, 2025, on a motion for class certification brought by plaintiffs Sandra Jeruchim and Melissa Vargas, who replaced Humphrey as lead plaintiff(s), reported Top Class Actions. During that hearing, the judge said many of Smucker’s arguments “are better addressed on the merits.” He also indicated the plaintiffs’ theory that they relied on health-related packaging statements was plausible at this stage, and he viewed the claimed injury, overpaying for products and a loss of trust, as sufficient for standing. The plaintiffs seek certification of a California class covering purchases from Nov. 4, 2018, through Dec. 31, 2022. The article also describes the defense arguing that the plaintiffs’ expert relied on studies involving packaging that was “fundamentally different” from the defendants’ packaging, which defense counsel characterized as having three layers, including ink and a clear coat over the PFAS-containing component.
How this case compares with PFAS packaging precedents
The Smucker matter is part of a broader wave of consumer cases alleging economic harm from PFAS in food-contact materials. Several similar lawsuits against restaurants and packaged food companies have struggled to get past early motions or have ended before any class was certified, often due to standing, injury and proof issues, reported law firm Thompson Coburn.
Examples cited in PFAS packaging litigation tracking include:
- McDonald’s packaging litigation: One putative class action was voluntarily dismissed with prejudice on Jan. 8, 2024, according to a case update reported in legal news coverage, reported Top Class Actions.
- Burger King packaging litigation: Multiple early PFAS packaging suits involving Burger King were voluntarily dismissed without prejudice in 2022, per litigation tracking summaries, according to Thompson Coburn.
- Conagra microwave popcorn litigation: PFAS-related consumer cases involving Conagra’s microwave popcorn were dismissed with prejudice at the pleading stage, again reflecting the difficulties plaintiffs have faced in sustaining these theories through dispositive motions, also according to Thompson Coburn.
Against that backdrop, Orrick’s comments in the Smucker case are notable because they suggest a willingness, at least at the certification stage, to treat disputes about whether PFAS migrates into the food as merits questions rather than threshold barriers.
For pet food companies and packaging suppliers, the comparison highlights two practical themes that have surfaced repeatedly across PFAS packaging litigation: (1) plaintiffs often frame the alleged injury as a price premium or overpayment tied to health and safety marketing, and (2) defendants often respond by challenging whether the alleged PFAS presence and exposure mechanism can be proven on a classwide basis, including via expert testimony, noted Top Class Actions.
