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A federal judge in Ohio partially granted Kalmbach Feeds Inc. a preliminary injunction against Purina Animal Nutrition LLC for false and misleading health claims on Purina’s Farm to Flock poultry feed.
Judge Algenon Marbley of the U.S. District Court for the Southern District of Ohio ruled November 12 on the case in which Kalmbach sued under the Lanham Act and the Ohio Deceptive Trade Practices Act, alleging that Purina’s unsubstantiated disease-prevention claims on its poultry feed misled consumers and diverted sales. Purina’s marketing of the product implied the product offered a “built-in defense” or “immunity” against avian influenza.
