203689P.pdf   03/08/2022  Jennifer Song  v.  Champion Petfoods USA, Inc.
   U.S. Court of Appeals Case No:  20-3689
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Wollman, Author, with Smith, Chief Judge, and Loken, Circuit 
   Judge] 
   Civil case - Class Action. In a putative class action alleging defendant 
   had falsely labeled its dog food products, the district court did not err 
   in dismissing the plaintiffs' BPA-contamination claim for lack of standing 
   as plaintiffs failed to allege they had purchased dog food containing BPA; 
   to prove any of their Minnesota consumer-protection statutory claims or 
   their common-law claims for fraudulent misrepresentation and fraudulent 
   concealment, plaintiffs were required to plausibly allege that because of 
   defendant's affirmative misrepresentations or or material omissions, their 
   dog food packaging could deceive a reasonable consumer; the district court 
   did not err in concluding that it simply was not plausible that a 
   reasonable consumer would read the phrase "biologically appropriate' on 
   the package and understand that defendant was also representing that it 
   eliminated all traces of heavy metals from the food; nor did the use of 
   the terms "fresh" and "regional" convey that fresh and regional 
   ingredients were used exclusively; further, the package specifically 
   stated that it used non-fresh and non-regional ingredients; the district 
   court properly dismissed plaintiffs' omission-based claims because none of 
   defendant's packaging statements were deceptive or misleading and none 
   required corrective disclosures; plaintiffs' breach of warranty and unjust 
   enrichment claims are premised on the same allegations of deception that 
   were insufficient to support the fraud claims, and they likewise fail.