Court Certifies Class in PFAS Pet Food Labeling Case Against Smucker

Jeruchim v. The J.M. Smucker Company, Case No. 22‑cv‑06913‑WHO, ND of California

On January 22, 2026, Judge William Orrick of the Northern District of California certified a California consumer class in Jeruchim v. The J.M. Smucker Company, a class action case alleging that Smucker misled purchasers of 9Lives, Meow Mix, and Kibbles ‘n Bits pet food by marketing the class products as “100% complete and balanced” despite packaging that allegedly contained per- and polyfluoroalkyl substances (“PFAS”), often described as “forever chemicals.” In this case, Plaintiff’s economic theory centers on an overpayment model, namely that consumers allegedly paid a premium for products they believed were healthful because Smucker failed to disclose the presence of PFAS in the product packaging.

Quantifying this type of economic harm requires a rigorous, court‑tested approach. To quantify the alleged overpayment (or “price premium”) attributable to the PFAS omission in the labeling of the class products, an AMS-affiliated survey expert helped Plaintiffs by conducting a conjoint analysis survey of purchasers of the Class Products to quantify the reduction in market value when the following disclosure is included: “The product packaging contains PFAS, which are linked to harmful health effects.”

The Jeruchim certification reinforces a rising trend within class action matters: courts are increasingly comfortable certifying classes involving chemical‑exposure omissions where the harm is economic. As courts continue to accept price‑premium theories tied to nondisclosure of product risks, conjoint analysis continues to serve as a critical tool for quantifying overpayment.

This trend extends beyond PFAS to:

• Heavy metals
• Additives
• “Healthy,” “natural,” or other health or quality‑signaling representations
• Packaging‑based risks that consumers cannot detect at the point of purchase

In each of these cases, AMS survey experts can help plaintiffs translate undisclosed product risks into measurable economic harm through court‑tested conjoint analysis.

To learn more about how AMS Litigation Support can help you with class action matters, or about our surveys for class action litigation, please contact testifying survey expert Patty Yanes.