KetoNatural Pet Foods v. Hill’s Pet Nutrition — Tenth Circuit Revives Lanham Act Claims Over Alleged Grain-Free Dog Food Smear Campaign
The Tenth Circuit reversed dismissal of Lanham Act false advertising claims, holding that Hill’s Pet Nutrition’s website statements and veterinary education materials could constitute actionable commercial speech when they allegedly disparaged grain-free competitors—and that the “establishment claim doctrine” allows courts to probe whether cited science actually supports the marketing claims made.