I recently became aware that the class action lawsuit involving Earth Animal No Hide chew which alleges that No Hide contains rawhide was dismissed without prejudice.
From what I can gather,
this can occur when there is a procedural error, and the judge finds merit in the case. This gives the plaintiff an opportunity to correct/modify the error and then refile the case.
Certainly, this is disappointing. It has been over two years since the case was filed and now it appears this essentially means starting the process over.
Of great significance to me though is that the case was dismissed WITHOUT prejudice. My understanding is that cases which a judge deems frivolous, insufficient or lacking in evidence are dismissed WITH prejudice in that situation the case cannot be refiled.
I suspect, based on past behavior, that Earth Animal may leave out this detail and falsely declare “victory” just as they seemingly did when they claimed that “There are several, very thorough, governmental investigations that have all come to the same undisputable conclusion: Earth Animal No-Hide® Chews do not contain rawhide and are not mislabeled.”; a statement in direct contrast to one from the FDA report received through FOIA ” The statement that this is a “no-hide” product may not be accurate” David Rotstein DVM MPVM Dipl ACVP
