purina complaint against blue buffalo

1IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF MISSOURI

EASTERN DIVISION

NESTL PURINA PETCARE COMPANY,

Plaintiff,

v.

THE BLUE BUFFALO COMPANY LTD.,

Defendant.

)))))))))

Case No. 4:14-cv-00859-RWS

JURY TRIAL DEMANDED

SECOND AMENDED COMPLAINT

Plaintiff, Nestl Purina PetCare Company (Purina), for its Second Amended Complaint

against defendant The Blue Buffalo Company Ltd. (Blue Buffalo or Defendant), and

pursuant to Federal Rule of Civil Procedure 15(a)(2), hereby alleges and states as follows:

NATURE OF ACTION

1. This is an action for false advertising, commercial disparagement, and unjust

enrichment arising from defendant Blue Buffalos pattern of false and deceptive advertising.

This is also an action for declaratory judgment pursuant to 28 U.S.C. 2201 et seq. and Federal

Rule of Civil Procedure 57, seeking a declaration that Purinas filing of this false advertising

action against Blue Buffalo and related statements regarding this action do not constitute

defamation or other actionable disparagement of Blue Buffalo.

2. With tens of millions of dollars in advertising and a small army of in-store

marketers, Blue Buffalo has targeted its advertising at ingredient-conscious pet owners. It has

become increasingly clear, however, that Blue Buffalos brand is built on a platform of

dishonesty and deception. Testing from an independent laboratory reveals that Blue Buffalo is

falsely advertising its pet food as containing NO Chicken/Poultry By-Product Meals when, in

Case: 4:14-cv-00859-RWS Doc. #: 104 Filed: 11/13/14 Page: 1 of 36 PageID #: 2358

2fact, Blue Buffalo pet food contains significant amounts of chicken/poultry by-product meals.

Contrary to Blue Buffalos so-called True Blue Promise, many Blue Buffalo products also

contain corn, other grains, and artificial preservatives when they promise otherwise.

3. Spending roughly $50 million per year on advertising, Blue Buffalo puts heavy

emphasis on its ingredient and nutritional claims throughout its website, product packaging, and

advertisements. Despite Blue Buffalos massive advertising barrage, Purina has discovered that

Blue Buffaloand not the big name pet food manufacturers Blue Buffalo routinely criticizes

in its advertisingis concealing the truth about the ingredients in, and benefits of, its products.

As Blue Buffalos CEO, Bill Bishop, admitted publicly after Purina filed this lawsuit:

Slap on a good label, come up with a slogan, and off you go . . .There were already a lot of smoke and mirrors in how pet food wasadvertised, and that was the sort of stuff we were good at.

Barrett, Paul M., Dog Food Fight! Purina Says Blue Buffalo is Built on Lies, Bloomberg

Businessweek Companies & Industries (July 24, 2014).

4. Blue Buffalo has indeed mastered the art of smoke and mirrors. Investigation

and scientific testing by an independent laboratory completed in April 2014 reveals that certain

Blue Buffalo products in fact contain poultry by-product meal and that Blue Buffalo products

labeled grain-free contain rice hulls and/or corn. (See Exhibit A). Testing was conducted using

samples of multiple formulas of Blue Buffalo pet food purchased at retail stores on both the East

and West Coasts.

5. Fundamental to Blue Buffalos advertising are categorical assertions that Blue

Buffalo products are allegedly superior to competitor brands. Through Blue Buffalos advertising

in which it advocates its products as made with only the finest natural ingredients and free

from less than desirable ingredients such as chicken/poultry by-product meals, corn, and


3preservatives, Blue Buffalo has become a pet food brand that consumers have come to

associatefalsely with very high, ultra-premium healthy pet food. To make matters worse,

Blue Buffalo charges very high ultra-premium prices based on the same false attributes. Blue

Buffalos products are significantly more expensive than the pet food products they use for

comparison purposes on their website.

6. Another hallmark of Blue Buffalos advertising is a vicious and false attack on all

big name pet foods. Among these, the biggest falsehood is Blue Buffalos lengthy national

advertising campaign claiming that big name pet food manufacturers are concealing the truth

about the ingredients in their products. Blue Buffalo has spent millions on television

commercials touting this themewhich is false and unsubstantiated. Purina brings this lawsuit

to stop Blue Buffalos wrongdoing and to set the record straight.

7. Purina is not alone in exposing Blue Buffalos lack of honesty with consumers.

Purina brings this lawsuit in the wake of an investigation and two recent rulings from the

National Advertising Division of the Council of Better Business Bureaus (NAD) that Blue

Buffalo is engaging in misleading advertising practices. At the conclusion of a process where

Blue Buffalo had the opportunity to submit substantiation for its attack advertisements, the NAD

concluded in a detailed written decision: [Blue Buffalo] has not provided any evidence that big

name pet food manufacturers . . . are actively concealing the truth about the ingredients in their

products. (NAD Case #5696, decided March 11, 2014, attached hereto as Exhibit B, hereinafter

NAD Ruling).

8. Consequently, and as the NAD concluded, Blue Buffalo is misleading consumers

not only about the ingredients in its own products, but also about the ingredients in competing

products. The NAD sharply criticized Blue Buffalos advertising tactics and recommended that


4Blue Buffalo stop unsupported advertising claiming that Blue Buffalos competitors are

misleading consumers. (Id. at 8-10, 14).

9. The NAD also instructed Blue Buffalo to overhaul its True Blue Test, which

Blue Buffalo offers on its website as a comparison tool for consumers to use to compare certain

characteristics of Blue Buffalos products versus those of competitors (including Purina

products). The NAD determined, among other things, that: (a) Blue Buffalo was guilty of

making sweeping allegations about the ingredient content of all products offered by certain

competitors, when in fact such statements may only be true for a fraction of those competitors

product offerings; and (b) the information displayed about competitor products was not always

current. (Id. at 11-4). Blue Buffalo preaches a message of truth, but is not practicing it.

10. After Purinas original complaint was filed, Blue Buffalo appealed the NADs

ruling. On July 9, 2014, a four-member panel of the National Advertising Review Board

(NARB) upheld the original decision of the NAD on appeal. (See Exhibit C). After losing its

appeal, Blue Buffalo finally agreed, reluctantly, that it would strive to abide by the NADs

recommendations, [o]ut of respect for that process, because it voluntarily committed to

participate in the self-regulatory process of the NAD and NARB. (NARB Case #5696, decided

July 9, 2014, hereinafter NARB Ruling).

11. Blue Buffalos pattern of behavior is unlawful and just plain wrong. Through this

legal action, Purina seeks to halt Blue Buffalos pattern of false advertising and consumer

deception.

THE PARTIES

12. Plaintiff Purina is a leading pet food and nutrition company with a rich history

spanning over 85 years. Purina makes and sells pet food, treats, and related products in the

United States and worldwide in grocery stores, mass merchandisers, pet stores, and online.


5Purina is a Missouri corporation with headquarters at 901 Chouteau Avenue, St. Louis, Missouri

63102.

13. On information and belief, Defendant Blue Buffalo is a Delaware corporation

with its headquarters at 444 Danbury Road, Wilton, Connecticut 06897. Blue Buffalo is in the

business of advertising and selling pet food, pet treats, and related products.

JURISDICTION AND VENUE

14. This is an action for false advertising and arises under the Trademark Act of 1946,

15 U.S.C. 1051, et seq. (Lanham Act) and the common law of the State of Missouri.

15. This Court has subject matter jurisdiction over this action pursuant to 15 U.S.C.

1121 and 28 U.S.C. 1331, 1338 and 2201. This Court has supplemental jurisdiction over the

related state and common law claims pursuant to 28 U.S.C. 1338(b) and 1367(a). This Court

also has subject matter jurisdiction on the separate and independent ground of diversity of

citizenship pursuant to 28 U.S.C 1332(a). The parties are citizens of different states and the

amount in controversy exceeds $75,000, exclusive of interest and costs.

16. This Court has personal jurisdiction over Blue Buffalo pursuant to Missouri

Revised Statute 506.500 because, as admitted by Blue Buffalo in its Answer to Purinas First

Amended Complaint (Dkt. 21 at 12), Blue Buffalo advertises and sells its products to retailers

and consumers in Missouri. Upon information and belief, Blue Buffalo and its agents have

prepared, disseminated, made available or broadcasted television commercials, in-person

promotions, print advertisements, Internet advertisements and related materials, all of which are

at issue here, in this District. On information and belief, Blue Buffalo employs pet detectives

in Missouri to promote sales of Blue Buffalo products to consumers in various retail outlets in

Missouri. Blue Buffalo maintains a registered agent for service of process in Missouri.


617. Venue is proper in this District under 1391(b)(2) and (c) because a substantial

part of the events or omissions giving rise to this action have occurred and/or will occur within

this District, and the Defendant resides in this District.

BLUE BUFFALOS FALSE AND MISLEADING ADVERTISING ACTIVITIES

18. Blue Buffalos advertising strategy is centered around its ingredient and product

claims and promises, and the value of its brand is dependent on such claims. Nutritional,

ingredient and product performance claims pervade Blue Buffalos website, its product

packaging, its print ads, its television ads and other like advertising materials. As a consequence

of and in reliance on these claims, retailers and consumers are willing to pay and have paid a

substantial price premium for Blue Buffalo products.

19. Blue Buffalos false advertising statements have had wide consumer reach. On

information and belief, Blue Buffalo spent over $50 million on advertising in 2013 comprised of

a wide array of national print, television, and Internet ads. On information and belief, Blue

Buffalo is poised to spend another $50 million or more on advertising in 2014. Many of these

advertisements include statements that are materially false and misleading, and were made with

the specific intent to persuade consumers to purchase Blue Buffalo products. Consumers have

relied on these false and misleading statements in making their decisions to purchase Blue

Buffalo products.

NO Chicken/Poultry By-Product Meals

20. Blue Buffalo advertises a so-called TRUE BLUE PROMISE claiming

unequivocally that its products contain NO chicken/poultry by-product meals.


7Source: Blue Buffalo website 4/22/2014

In addition to its website, Blue Buffalo places the True Blue Promise on every label of its

products. Additionally, Blue Buffalos sales employees verbally communicate this promise to

consumers on-site at pet stores. The True Blue Promise is false because Blue Buffalo products

actually contain chicken/poultry by-product meals and other ingredients, contrary to the

promise.

21. Blue Buffalo tries to boost the credibility of its advertising through more detailed

explanations and Q&A segments on its website:


8Source: Blue Buffalo website 4/22/2014

Source: Blue Buffalo website 4/22/2014

22. Blue Buffalos statements that its products contain NO chicken/poultry by-

product meals and its attempt to differentiate Blue Buffalo products from competing brands are

false because Blue Buffalos products actually contain a significant amount of chicken/poultry

by-product meals. In short, Blue Buffalo has broken its True Blue Promise to consumers. For

example, Blue Buffalo attempts to differentiate its products from many of the leading pet food

brands by contending that Blue Buffalo products do not contain ingredients . . . considered less

than desirable by pet parents such as chicken or poultry by-product meals. This is false.

23. Purina engaged an independent laboratory to conduct testing to determine the

ingredient makeup of a number of Blue Buffalo products. The scientific testing revealed that,

contrary to Blue Buffalos representations to consumers that its products do not contain


9chicken/poultry by-product meals, Blue Buffalos products actually do contain a substantial

percentage of chicken/poultry by-product mealsnot trace amounts. Indeed, the testing revealed

that chicken/poultry by-product meals were the most prevalent ingredients and comprised

upwards of 20% of the product by weight of some of the tested Blue Buffalo products.

Superior Nutrition

24. Blue Buffalo makes statements that consumers should Choose BLUE because

its products allegedly provide pets with superior nutrition as compared to those of competitor

products. Blue Buffalos superior nutrition claims are premised in part on its assertions that its

products do not contain certain ingredients such as chicken/poultry by-product meals. In

addition, Blue Buffalo attributes special nutritional significance to its exclusive LifeSource

Bits.


10


25. Blue Buffalos superior nutrition claims were sharply criticized in the recent

NAD decision. Particularly, the NAD concluded:

[Blue Buffalo] has not provided any evidence that meat by-product mealis not a high quality ingredient or that it is not nutritious, or that productswhich include meat by-product meal are less nutritious than BLUEs orsimilarly positioned products that do not.

(NAD Ruling at 10). In its criticism of Blue Buffalos efforts to disparage the nutritional value of

by-product meals, the NAD also explained that [i]n fact, NAD has noted in prior decisions

involving advertising for pet foods that chicken by-product meals are nutritious. (Id.). In


11

support of its finding that Blue Buffalos statements alleging superior nutrition were false and

baseless, the NAD explained:

some dogs and cats have allergies or sensitive stomachs which precludeeating foods which include meat, and no allowance is made for productsdesigned for pets with dietary restrictions in any of the challengedadvertisements.

(Id.).

26. Blue Buffalos statements that its products are nutritionally superior to those of

competitors are false because, as the NAD found, there is no evidence that Blue Buffalos

products are any more nutritious than similarly positioned competitive products. Furthermore,

Blue Buffalo cannot distinguish its products as allegedly superior over competitive products

for not having chicken/poultry by-product meals as the testing reveals that its products contain

this precise ingredient.

Comparative Advertising

27. Blue Buffalos advertising features comparisons between Blue Buffalo products

and those of its competitors, which represents and sends a message to consumers that Blue

Buffalos products contain better ingredients and that Blue Buffalo is, unlike its competitors,

honest about the ingredients that it uses. Blue Buffalo even offers to give consumers information

about How [] some brands categorize certain ingredients to make their food appear healthier,

falsely implying that Blue Buffalo is honest and does not engage in such tactics.


12


28. Blue Buffalo has aired and continues to air nationally televised commercials

featuring pet owners who allegedly switch to Blue Buffalo after learning the truth about big

name dog foods. For example, one of Blue Buffalos attack ads states verbatim:

When pet parents learn the truth about big name dog foods, they switchto Blue Buffalo. All Blue Life Protection foods are made with real meatfirst, plus wholesome whole grains, veggies and fruit.

I didnt know how my dogs big name food stacked up, so I went to Blueswebsite, and I took the True Blue Test. It was clear, Blue had everythingthat I wanted and none of the stuff I didnt want.

Only Blue has LifeSource Bits. A precise blend of beneficial nutrients.And now weve enhanced LifeSource Bits with powerful antioxidant-richingredients, including pomegranate, pumpkin, spinach, apples,blackberries, blueberries and cranberries. We call it our Super 7 package.When you love them like family, you want to feed them like family.Thats why I feed him Blue. With Super 7 Life Source Bits, Blue is betterthan ever. Take the True Blue Test today, and see how your dogs foodcompares to Blue.


13

(Blue Buffalo website: http://www.bluebuffalo.com/tv-commercials) (emphasis added).

Source: Blue Buffalo website 4/22/2014; BLUE Dog Food commercial

29. Despite being told by the NAD to cease its unsubstantiated attacks on competing

brands, Blue Buffalo continues to pepper consumers with these false messages.

30. To help misleadingly differentiate itself from other competing brands, Blue

Buffalo offers through its website what it has coined the True Blue Test, which allows

consumers to compare the alleged ingredient contents of Blue Buffalos products with those of

other leading brands, including those of Purina. Among other claims, the True Blue Test

falsely advocates that Blue Buffalos products NEVER Has Chicken (or Poultry) By-Product

Meals and identifies competing leading brands that, by Blue Buffalos assessment, do. (See,

e.g., id.). These statements are materially false because Blue Buffalo products, as tested, contain

chicken/poultry by-product mealsin significant amounts. Further, many Blue Buffalo products


14

contain corn and artificial preservatives, also directly contrary to the representation that Blue

Buffalo products NEVER contain these ingredients.


31. Consumers of pet food and related products are becoming increasingly ingredient-

conscious and are being more particular than ever about the types of foods that they feed their

pets. Indeed, consumers rely on ingredient claims and other statements about nutritional value

and food quality when deciding the brand of food to feed their pets. Many consumers have

chosen to purchaseand pay a substantial premium forBlue Buffalo brand products over other

leading brands because of the false nutritional statements and promises made by Blue Buffalo,

including, for example, false statements that its products: (i) do not contain chicken/poultry by-

product meals; and (ii) contain none of the ingredients that ingredient-conscious consumers

would not want; when in fact, Blue Buffalos products contain chicken by-product meals and

other ingredients that Blue Buffalo itself advocates ingredient-conscious consumers should not

want.


15

LifeSource Bits

32. Blue Buffalo has created what it calls LifeSource Bits that it represents as

containing special vitamins, minerals and antioxidants that are allegedly cold-formed. These

bits are distinct from and a different color than the kibble that constitutes about 95% of the

Blue Buffalo pet food as a whole. Blue Buffalo touts its LifeSource Bits as containing a precise

blend of vitamins, minerals and antioxidants and offering a series of special health benefits for

pets above and beyond the nutrition in Blue Buffalos own kibbles and other pet foods:


33. Blue Buffalo falsely implies that its LifeSource Bits are superior in nutritional

quality to vitamins, minerals, antioxidants and other ingredients included in other competing pet

food products. For example, Blue Buffalo includes LifeSource Bits on the results page of its

True Blue Test, advertising LifeSource Bits as one of the qualities that allegedly makes Blue

Buffalos products superior to those of competitors.


16


34. In actuality, the low level of certain nutrients in Blue Buffalos LifeSource Bits

do not render them superior. Similarly, Blue Buffalo makes false and misleading statements that

its LifeSource Bits contain certain levels of vitamins, minerals and nutrients that provide specific

health benefits such as a healthy skin and coat and healthy bones and tissue.


17


35. For example, Blue Buffalo claims that its LifeSource Bits contain taurine for

healthy eyes and heart. Taurine is an essential amino acid for cats, as cats have a limited ability

to synthesize it from other nutrients. Yet tests reveal that Blue Buffalos LifeSource Bits have

significantly less taurine than the kibbles themselves, constituting only 0.01% of the LifeSource

Bit. (See Exhibits D, E). Contrary to Blue Buffalos claim of greater potency, removing the

LifeSource Bits from the kibble would actually increase the amount of taurine per serving of

Blue Buffalo pet food. In fact, in order to obtain the same level of taurine from the touted

LifeSource Bits would require nearly 40 times as many LifeSource Bits as the Blue Buffalo

kibbles themselves. (See Exhibits D-G). The level of taurine in Blue Buffalos LifeSource Bits

is approximately ten times less than that required by the Association of American Feed Control

Officialsan independent industry standard that Blue Buffalo claims to follow on its website.

36. A similar circumstance exists with respect to lysine, another important amino

acid. Despite claiming that its LifeSource Bits contain lysine for growth and development, in

fact the LifeSource Bits contain less lysine than Blue Buffalos kibble. As with taurine, a pet

would get more lysine per serving if Blue Buffalos product contained no LifeSource Bits.

37. Blue Buffalo makes similarly dubious claims regarding the levels of omega-3 and

omega-6 fatty acids in its LifeSource Bits. Tests reveal that Blue Buffalos LifeSource Bits have


18

slightly less omega-6 fatty acids than their regular kibble. Therefore, a pet would receive more

omega-6 fatty acids per serving if Blue Buffalo added no LifeSource Bits at all. Furthermore,

the LifeSource Bits are such a small fraction of the pet food as a whole that any additional

omega-3 fatty acids in the LifeSource Bits contribute a negligible amount per serving to a pet.

38. Blue Buffalos deceptions also extend to the vitamins in the LifeSource Bits.

Blue Buffalo advertises its LifeSource Bits for their levels of Vitamin B12, but in fact the

LifeSource Bits contain 2-3 times less Vitamin B12 than the regular kibble.

39. In sum, Blue Buffalos LifeSource Bits do not contain the requisite levels of

vitamins, minerals or nutrients to provide all of the health benefits that Blue Buffalo alleges. As

such, Blue Buffalos LifeSource Bits are precisely the type of smoke and mirrors touted by its

Chairman and Founder.

40. Blue Buffalo also makes false and misleading statements implying that the cold-

formed process that it purportedly uses to create its LifeSource Bits is the only way to preserve

the vitamins, minerals, antioxidants and enzymes contained in pet food and falsely asserts that its

competitors do not take steps to similarly preserve the nutritional qualities of their products. Blue

Buffalo also makes statements that other manufacturers process their foods with heat as high as

350 . . . [which] can destroy the potency of many vitamins, minerals, antioxidants and important

enzymes, while failing to disclose the reason why foods are processed with heat (e.g., to kill

harmful bacteria) and that, in fact, most of Blue Buffalos products are processed using the same

high-heat methods. (See, e.g., id.).


19


Pet Treats

41. While Blue Buffalos focus on LifeSource Bits pervades its advertising for dog

and cat food, Blue Buffalo also advertises products allegedly providing specific health benefits.

For example, Blue Buffalo advertises a Jolly Joints pet treat that Helps Promote Healthy

Joints and Hips.


20


42. By Blue Buffalos own admission, these pet treats contain only 300mg/kg of

glucosamine. An entire bag of Jolly Joints contains 92 grams of pet treats, and therefore contains

just 27.6 mg of glucosamine. Based upon published studies of glucosamine supplementation in

dogs, a 50-pound dog would have to eat hundreds of treats a day to receive the claimed benefit,

well above the intermittent or supplemental feeding Blue Buffalo recommends for its Jolly

Joints pet treats.

Natural Ingredients/NO Artificial Preservatives

43. Blue Buffalo has made and is currently making statements and promises to

consumers that its products contain Only the Finest Natural Ingredients and have NO

Artificial Preservatives.


21




22

44. These statements and promises are repeated throughout Blue Buffalos website,

its national television commercials and other advertising materials. Blue Buffalos employees

also make verbal statements to consumers that Blue Buffalos products contain Only the Finest

Natural Ingredients and like statements. Blue Buffalo even has a staff of salespeople who dress

similarly to pet store employees and approach consumers in pet stores to inform consumers of

the quality of Blue Buffalos products as compared to competitive products, including the

falsehood that Blue Buffalos products do not contain any chicken/poultry by-product meals and

that Blue Buffalo honors the True Blue Promise.

45. Blue Buffalos statements and promises that its products contain Only the Finest

Natural Ingredients and have NO Artificial Preservatives are false and misleading because,

among other things, Blue Buffalos products contain chicken/poultry by-product meals that

include artificial preservatives that are not present in chicken/poultry meal.

Grain-Free

46. Blue Buffalo advertises several of its products, including its Freedom and

Basics lines, as being grain-free, often as part of the product name. Blue Buffalo also

advertises that all of its products contain no corn, wheat or soy.

47. Grain-free pet foods are desired by many consumers who believe that dogs and

cats should be fed as carnivores because they may not get sufficient nutrients or have difficulty

digesting grains. Blue Buffalo attempts to seize upon consumers beliefs and advocates that not

including grains and glutens in its products is beneficial because consuming grains and glutens

can cause allergic reactions.


23




24



48. Blue Buffalos statements that its products are grain-free and contain no corn,

wheat or soy are, however, false and misleading as testing reveals that Blue Buffalo products

indeed do contain these ingredients. Specifically, independent testing commissioned by Purina

found grains (rice hulls and/or ground corn) in Blue Buffalos LifeSource Bits, which are

contained in all four Blue Buffalo grain-free products. These grains were found in

concentrations of up to 3% by weight.

49. By falsely advertising its products as grain-free when its products actually

contain grains, Blue Buffalo is deceiving consumers who intend to purchase grain-free products.


25

Human-Grade Pet Food

50. Blue Buffalo makes statements that its products are human-grade and fit for

human consumption, and has adopted the slogan Love them like family. Feed them like family.

to convey this message to consumers. (See, e.g., Exhibit H).



26


51. Blue Buffalos statements that its products are human-grade and/or fit for human

consumption are materially false because Blue Buffalos products contain ingredients such as

chicken/poultry by-product meals that are not human-grade.

BLUE BUFFALOS PRIOR DECEPTIVE PRODUCTLABELING AND ADVERTISING PRACTICES

52. In addition to the recent NAD dispute, Blue Buffalo has been no stranger to legal

disputes centered on its pattern of long-standing deceptive advertising practices. In 2008, Blue

Buffalos nutritional boasts were challenged by a competitor before the NAD. That challenge

resulted in, among other things, the NAD instructing Blue Buffalo to discontinue its no animal

by-products claims when made in reference to pet foods containing fish meal, lamb meal and/or


27

liver. (See NAD Case #4892 at 10-11, decided July 31, 2008, attached hereto as Exhibit I). In

response to the NADs recommendations related to its no animal by-products claims, Blue

Buffalo has switched to an equally untrue claim that its products NEVER have Chicken (or

Poultry) By-Product Meals.

53. The NAD also recommended that Blue Buffalo discontinue the like you feed

your family portion of its slogan in connection with its non-organic product lines. (Id. at 14).

Despite submitting voluntarily to the NADs jurisdiction, Blue Buffalo did not make any

material changes to its slogan in response to the NADs recommendation and continues to

deceptively advertise all of its products using its Love them like family. Feed them like family.

slogan.

54. Rather than revise its advertising to remove deceptive content, Blue Buffalo has

actually increased the misleading and deceptive nature of its advertising over the years. It is time

for Blue Buffalos false and deceptive advertising practices to end.

BLUE BUFFALOS REACTION TO PURINAS COMPLAINT

55. On May 6, Purina filed the original version of this complaint. In addition to its

original complaint, Purina (A) issued a press release noting that it had filed suit, (B) launched a

website, www.petfoodhonesty.com, that hosted a copy of the original complaint, and (C) made

additional related statements regarding this lawsuit to the media.

56. On the day the original complaint was filed, Blue Buffalos Founder and

Chairman, Bill Bishop, made a public statement about the matter, claiming that Purina brought

suit to disparage and defame Blue Buffalo.

57. Mr. Bishop made a second public statement regarding the original complaint on

May 8, 2014 (see Exhibit J), which stated, in part, as follows (emphasis added):


28

In my first letter I told you that Blue Buffalo would be respondingaggressively to Nestl Purinas lawsuit and its outrageous allegations withregard to BLUEs product quality. The first phase of this response will bea lawsuit against Nestl Purina, which will be filed in a matter of days. Wewill be suing both their company and those individuals who areresponsible for this malicious attempt to undermine the trust of our petparents.

58. Mr. Bishops statement put Purina in reasonable apprehension of suit for

defamation.

COUNT I(False Advertising Under the Lanham Act, 15 U.S.C. 1125(a))

59. Purina repeats and incorporates herein each and every allegation set forth in

paragraphs 1 to 58 of this Complaint.

60. Blue Buffalo, on or in connection with goods used in interstate commerce, made

and continues to make false statements of fact and false representations of fact as to the nature,

characteristics and/or qualities of its goods. Blue Buffalo has also made false statements of fact

and representations of fact as to the goods of its competitors.

61. Blue Buffalos false statements of fact and false representations of fact were made

and continue to be made in commercial advertising and on product labels in a manner material to

the publics decision to purchase Blue Buffalos products rather than those of competitors,

including Purina.

62. Such acts by Blue Buffalo constitute false statements, descriptions and

representations of fact in commercial advertising and are a violation of Section 43(a) of the

Lanham Act, 15 U.S.C. 1125(a).

63. As a proximate result of Blue Buffalos willful conduct, Purina has suffered

irreparable harm, including irreparable harm to its reputation and goodwill and the reputation of

its products, for which it has no adequate remedy at law, and Purina will continue to suffer


29

irreparable injury unless and until Blue Buffalo ceases making false statements in connection

with and to advertise its products.

64. Unless Blue Buffalos activities cease, Blue Buffalo will unjustly profit from sales

of its products that are based on consumer reliance on the false statements that it has made and is

making about its products. Purina has suffered and will continue to suffer economic harms,

including losses in sales as proximately caused by Blue Buffalos actions.

65. Purina has suffered and will continue to suffer economic harms and injuries to its

commercial interests, including losses in sales, which have been and are being proximately

caused by Blue Buffalos actions and misrepresentations.

66. Pursuant to 15 U.S.C. 1117, Purina is entitled to actual damages to be

determined at trial, to have such damages trebled, to disgorgement of Blue Buffalos profits, and

to be reimbursed for the costs of this action and its related attorneys fees.

COUNT II(Commercial Disparagement Under the Lanham Act, 15 U.S.C. 1125(a))



68. Blue Buffalo, on or in connection with goods used in interstate commerce, made

and continues to make false comparisons of its products as compared to those of competitors,

including Purina.

69. Blue Buffalos false statements of fact and false comparisons were made and

continue to be made in commercial advertising and on product labels in a manner material to the

publics decision to purchase Blue Buffalos products over those of competitors, including

Purina.


30

70. Such acts by Blue Buffalo constitute false statements, descriptions and

representations of fact in commercial advertising and are a violation of Section 43(a) of the

Lanham Act, 15 U.S.C. 1125(a).

71. As a proximate result of Blue Buffalos willful conduct, Purina has suffered

irreparable harm, including irreparable harm to its reputation and goodwill and the reputation of

its products, for which it has no adequate remedy at law, and Purina will continue to suffer

irreparable injury unless and until Blue Buffalo ceases making false statements and comparisons

in connection with and to advertise its products pursuant to 15 U.S.C. 1116.

72. Unless Blue Buffalos activities cease, Blue Buffalo will unjustly profit from sales

of its products that are based on consumer reliance on the false and deceptive comparisons that it

has made and is making about its products as compared to those of competitors, including

Purina.

73. Purina has suffered and will continue to suffer economic harms and injuries to its

commercial interests, including losses in sales, which have been and are being proximately

caused by Blue Buffalos actions and misrepresentations.

74. Pursuant to 15 U.S.C. 1117, Purina is entitled to actual damages to be

determined at trial, to have such damage trebled, to disgorgement of Blue Buffalos profits, and

to be reimbursed for the costs of this action and its related attorneys fees.

COUNT III(Common Law Unfair Competition)



76. Blue Buffalo has engaged in and continues to engage in unfair competition by

making false, misleading and deceptive statements about its products while disparaging the


31

products of competitors. Blue Buffalos misleading and deceptive statements have caused and

continue to cause consumers to purchase Blue Buffalos products over the products of

competitors, including Purina.

77. Blue Buffalo acted and continues to act in bad faith in making claims about its

products that it knew and knows to be materially false and deceptive.

78. Blue Buffalos acts constitute false advertising and unfair competition under the

common law of the State of Missouri.

COUNT IV(Common Law Unjust Enrichment)



80. Blue Buffalo has enjoyed substantial profits from the sale of its products to

consumers who purchased Blue Buffalos products over the products of competitors based on

false statements made by Blue Buffalo, including that Blue Buffalos pet food products do not

contain chicken/poultry by-products meals when its products in fact do. These statements made

by Blue Buffalo include false comparative statements about the ingredients and nutritional values

of Blue Buffalos product as compared to those of competitors, including Purina.

81. Blue Buffalo would not have made such sales or earned the profits therefrom but

for the misrepresentations and false statements that it made and continues to make about its

products. On information and belief, Blue Buffalos profits were further inflated via cost savings

for less expensive ingredients than advertised. For example, poultry by-product meal is

generally less expensive than the real meat that Blue Buffalo references in its advertising.

82. Blue Buffalos gain from sales of falsely advertised products and disparagement

of competitors came at the expense of competitors, including Purina.


32

83. Blue Buffalo has been unjustly enriched as a result of its false statements and

misleading advertising practices, and under principles of equity should not be permitted to retain

these unjustly acquired gains.

COUNT V(Declaratory Judgment)



85. An actual and immediate controversy exists between the parties hereto in

connection with Blue Buffalos threats to sue Purina and certain unnamed individuals with

respect to the statements made in the original complaint and related statements to the media.

86. Purina seeks a declaration by this Court that this action and related statements do

not constitute defamation, including because such statements are true and are privileged

statements made in connection with litigation.

87. A declaration by this Court as outlined in paragraph 86 above would resolve all or

a complete part of the controversy between the parties as to this Count, prevent Blue Buffalo

from continuing to threaten legal action, determine the parties rights and responsibilities for the

statements made in this action and related statements, and be in the interests of justice.

PRAYER FOR RELIEF

WHEREFORE, Purina prays that the Court enter a judgment against Blue Buffalo:

(a) Finding that, by the acts complained of above, Blue Buffalo has engaged

in false advertising in violation of 15 U.S.C. 1125(a);

(b) Finding that, by the acts complained of above, Blue Buffalo has engaged

in false advertising in violation of Missouri common law;

(c) Finding that the acts complained of above were willful;


33

(d) Finding that Blue Buffalo has been unjustly enriched as a result of its false

advertising and false comparative advertising tactics;

(e) Enjoining Blue Buffalo, its agents, servants, employees, officers, and all

persons in active concern and participation with Blue Buffalo from

making false and/or misleading statements about its products, including

statements that are likely to lead consumers to believe that its pet food

products are free from by-product meals or are of a human-grade quality;

(f) Enjoining Blue Buffalo, its agents, servants, employees, officers, and all

persons in active concern and participation with Blue Buffalo from

making false and/or misleading statements about its products as compared

to those of competitors, including that its pet food products are more

nutritious, free from chicken/poultry by-product meals or are of a human-

grade quality;

(g) Requiring Blue Buffalo to engage in corrective advertising, including

advertising that informs consumers that Blue Buffalos pet food products

are not free from by-product meals and are not of a human-grade quality;

(h) Requiring Blue Buffalo to destroy all product packaging and all other

materials displaying false statements, including that its pet food products

are free from by-product meals and are of human-grade quality (e.g., the

Feed them like family. slogan);

(i) Declaring that this is an exceptional case due to the willful nature of

Blue Buffalos conduct;


34

(j) Ordering Blue Buffalo to account to Purina for all gains, profits, savings

and advantages obtained by Blue Buffalo as a result of its false advertising

and unfair competition and disgorge to Purina restitution in the amount of

such gains, profits, savings and advantages;

(k) Ordering Defendant to pay Purina:

i. Treble actual damages, costs and reasonable attorneys fees

pursuant to 15 U.S.C. 1117;

ii. Blue Buffalos profits and cost savings from the sale of its

products resulting from its false advertising practices; and

iii. Pre-judgment and post-judgment interest;

(l) Declaring that Purinas statements in this action and related statements are

not defamatory or otherwise actionable by Blue Buffalo; and

(m) Awarding Purina such other and further relief as this Court may deem just

and proper.

JURY DEMAND

Purina hereby demands a trial by jury.


35

Dated: November 13, 2014 Respectfully submitted,

NESTL PURINA PETCARE COMPANY

/s/ Carmine R. Zarlenga

Carmine R. Zarlenga 386244DC (Lead attorney)MAYER BROWN LLP1999 K Street NWWashington, DC 20006Telephone: (202) 263-3227Facsimile: (202) [email protected]

Richard M. Assmus (pro hac vice)Kristine M. Young (pro hac vice)MAYER BROWN LLP71 South Wacker DriveChicago, Illinois 60606Telephone: (312) 782-0600Facsimile: (312) [email protected]@mayerbrown.com

David A. Roodman, 38109MOBRYAN CAVE LLP211 North Broadway #3600St. Louis, Missouri 63102Telephone: (314) 259-2000Facsimile: (314) [email protected]


CERTIFICATE OF SERVICE

The undersigned hereby certifies that he caused a true and correct copy of the foregoing

Second Amended Complaint to be served on all counsel of record who are deemed to have

consented to electronic service on this day of November 13, 2014 via the Courts CM/ECF

system.

s/ Carmine R. Zarlenga


EXHIBIT A

Case: 4:14-cv-00859-RWS Doc. #: 104-1 Filed: 11/13/14 Page: 1 of 47 PageID #: 2394

1

Windsor Laboratories 894 Hawthorn Avenue Mechanicsburg, PA 17055 Phone: (717) 796-0537 Fax: (717) 796-0537 Microscopic Evaluation of Agricultural Products Members of the American Oil Chemists Society (AOCS) July23,2014

EXPERTREPORTOFJAMESV.MAKOWSKII. EXECUTIVESUMMARYThisReportsummarizesthemicroscopicanalysesIperformedonthefollowingpetfoodstodeterminetheiringredientcontent:

BlueBuffaloLifeProtectionAdultChickenandBrownRice(Dog) BlueBuffaloFreedomAdultGrainFreeChicken(Dog) BlueBuffaloWildernessAdultChickenRecipe(Dog) BlueBuffaloBasicsAdultTurkey&Potato(Dog) BlueBuffaloLongevityLongevityforAdultDogs(Dog) PurinaProPlanSELECTAdultGrainFreeFormula(Dog) PurinaONEbeyOndWhiteMeatChicken&WholeBarleyRecipe(Dog) BlueBuffaloLifeProtectionIndoorHealthChicken&BrownRiceRecipe(Cat) BlueBuffaloFreedomGrainFreeChickenforIndoorCats(Cat) BlueBuffaloWildernessAdultChickenRecipe(Cat) BlueBuffaloBasicsAdultTurkey&Potato(Cat) BlueBuffaloLongevityLongevityforAdultCats(Cat) PurinaONEbeyOndWhiteMeatChicken&WholeOatMealRecipe(Cat) PurinaONEbeyOndSalmon&WholeBrownRiceRecipe(Cat)

Based on the microscopic analyses of these products, I conclude that several of the Blue Buffaloproductstestedcontainmeasurableamountsofchicken/poultrybyproductmealorgrains.II. EXPERIENCEANDQUALIFICATIONSI, JamesV.Makowski,ampresentlyemployedbyMessiahCollege inMechanicsburg,Pennsylvania,asProfessorofBiology. I teachcourses including,amongothers,undergraduatecoursesonCellularandMolecular Biology, Microbiology, and Genetics (all of which include units on microscopic analysismethods andprocedures) and conduct corresponding research. I also teach a seniorundergraduatecourseinBioethics.IearnedaPh.D.inCurriculum&Instruction/ScienceEducationattheUniversityofDelaware, aMasterofArts inBiology atWestChester StateUniversity and aBachelorof Science inBiology at Messiah College. I am the Owner and Microscopist of Windsor Laboratories ofMechanicsburg,Pennsylvania,apositionIhaveheldfor28years.Inthiscapacity,Iconductmicroscopicanalysis for clients in theagricultural industryand related industries, including thepet food industry.AttachedtothisreportasExhibit1ismycurriculumvitaestatingmyqualifications,includingalistofallpublicationsauthoredintheprevious10years.Iamanauthorand the leadeditorofMICROSCOPICANALYSISOFAGRICULTURALPRODUCTS (4thed.2010),withNeilVary,MarjorieMcCutcheonandPascalVeys,publishedby theAmericanOilChemists

PUR_000207


2

Society.Thisbookistheleadingmanualforthemicroscopicanalysisofagriculturalproducts,includinganimalproteinproducts,intheUnitedStatesandworldwide.Itisusedasaprimarytrainingresourceonthe subject of microscopic analysis of agricultural products by the United States Food and DrugAdministration (FDA). Ispeakwidelyon theuseofmicroscopy forpurposessuchas thedetectionofprohibited protein in ruminant feed, including at workshops conducted by the FDA and NationalInstitutesofHealth (NIH). Ihavealsotaughtnumerous35dayshortcoursesonusingmicroscopytoidentify components in various agricultural products for the Association of American Feed ControlOfficials and the American Association of Cereal Chemists. I have instructed microscopists for theAmerican SoybeanAssociation, including in Jamaica and Trinidad. I am also the Chairperson of theTrainingCommitteefortheAgriculturalMicroscopyDivisionoftheAmericanOilChemistsSociety.III. SCOPEOFENGAGEMENTIwasretainedinFebruary2014byNestlPurinaPetCaretoconductmicroscopicanalysisofseveraldogandcatfoods.Atthetimeofmyretention,IwasaskedtoanalyzeandlistallingredientsthatIwasableto identify inthedogandcatfoodsprovidedtome. Iwasnotawareofthereasonfortherequestedwork until after I completed my analysis. I was not provided with any reasons, hypotheses,expectations, suspicions, or goals associated with my analysis. After completing my independentanalysis, Iwas informed that thepurposeof the requestedworkwas toprocurean independentandunbiased analysis and determination ofwhether Blue Buffalo brand dog and cat foods contain anyingredientsthatBlueBuffalosmarketingmaterialsclaimthattheydonotcontain,includingchickenandpoultrybyproductmealand,forsomeproducts,grains.IV. SOURCINGOFANALYZEDPRODUCTSI was provided and received from Purina by personal delivery on February 27, 2014, the followingcommercially available products: (i) 10 sealed, new, unopened bags of the Blue Buffalo productsidentifiedabove;and (ii)4sealed,new,unopenedbagsofPurinadogandcatpet foodsas identifiedabove from Christopher Purschke at Purina. It ismy understanding that these bagswere obtainedcommercially from a PetCo retail store inornearMechanicsburg. OnMarch 5, 2014, I receivedbyFederalExpressanadditional14unopenedbags,duplicatesoftheoriginalfoods,fromMarkRogersatPurina. Thepurposeofsourcingduplicateproductswas toobtainsamples fromdifferentgeographicregions and production batches. I transported the bags to the microbiology laboratory at MessiahCollege,where theywere securely stored pending examination. I personally inspected each bag toensurethattheywerenew,unopened,andingoodcondition.TheunopenedbagswereidentifiedandtaggedonMarch12,2014.Eachcommercialproductpackagewasrandomlyanduniquelylabeledusingasimplenumberingmethod(0012014,0022014,0032014,etc.), and matching labels were applied to product sample bags (Ziploc brand freezer bags). Anapproximately 200gram sample of pet food was removed and weighed from each identifiedcommercialproductpackageandplacedinthecorrespondinglabeledZiplocbag,whichwasthensealed.Afterallofthepetfoodproductpackagingwaslabeled,andthecorrespondingsampleswereplacedandsealedintheproperlyidentifiedandlabeledZiplocbags,thecommercialproductpackagingcontainingtheremainderofthepet foodsshippedtomewasreturnedtoa lockedstorageroom intheMessiahCollegemicrobiologylaboratory,whereitremainsasofthedateofthisreport.ItransportedtheZiplocsamplebagstoWindsorLaboratoriesforsecureretentionandanalysis.V. RESEARCHPROTOCOL(PROCEDURE)

PUR_000208


3

ThissectionprovidesadetaileddescriptionoftheproceduresIfollowedincarryingoutthemicroscopicanalysesoftheproductsamplesidentifiedabove.Agriculturalmicroscopyisanestablished,reliabletoolfordetermining ingredientspresent in agivenproduct,particularlywhere theoriginsof theproductand/or its ingredientsareunknown. Byseparating theconstituentsofagivensamplebydensityandcharacterizing the particles by shape, color, size, softness/hardness, texture, luster, odor and otherhistological andmorphological features using amicroscope, amicroscopist can reliably identify andquantifythoseconstituents inthesamplebycomparingthemtoknownstandards. Indeed,as Inotedabove,thistechniqueisroutinelyusedbytheFDAandothersinthefoodindustrytoidentifyingredientsinfoodproducts.ThemicroscopicanalysismethodologiesusedtoobtaintheresultssummarizedinthisReport are the same as those I have used for the past 28 years when performing similar analysesrelatingtononlitigationprojects.A. PreparationoftheSamplesforAnalysisIloggedineachsamplebagbycodenumberinmylabnotebookatWindsorLaboratories,assigningeachtoanexaminationboard.Ipreparedandinspectedeachproductsampleindividuallyinordertoensurethattherewasnoconfusionormistakeregardingthespecificsamplesbeingtested.WhenIcompletedthepreparation,analysis,andrecordingofresultsforeachuniquelyidentifiedsample,Ireturnedunusedmaterialstothecorrespondinguniquelyidentifiedsamplebagandthoroughlycleanedtheareaandalltoolsemployedbeforeproceedingtothenextsamplebag.In themajority of cases, the sampleswere comprised of kibble and dark bits. In all such cases, Ipersonally and manually separated the kibble and dark bit components, and then weighed eachcomponentusinganOhausE400Danalyticalbalance. Ithencalculatedandrecordedthepercentagesofkibbleanddarkbitsinmylabnotebook.Afterweighingeachcomponent (kibbleanddarkbits), Isubdivided them intocombinedquartersandoppositequartersforsamplepreparationandanalysis. Thiswasdonebyspreadingeachsampleontoparchmentpaper,dividing intoquadrants(upper left,upperright, lower leftand lowerright)andthensamplingthediagonallyoppositequarters.Quarteringinthiswayisanacceptedprocedureforensuringastatisticallyvalidsample.SeeMICROSCOPICANALYSISOFAGRICULTURALPRODUCTS(2010)at3.Thisaliquotwas then ground in a grain flourmill to crush the particleswithout causing any damage tocellular components, and 2 grams of the ground sample were transferred into a Coors porcelainevaporatingdish.Allequipmentwascleanedthoroughlybeforeeachuse.Theremainderof200gramsampleswerebagged,sealedandstoredatWindsorLaboratories.B. SampleSeparationbyFlotation:After transferring representative2gramsamples intocleanevaporatingdishes, Iadded6mlofa1:1carbontetrachloride:chloroformmixturetotheevaporatingdishandstirredthesample thoroughlytoallowmineral,boneandotherheavycomponentstosettle.Itransferredthematerialthatfloatedtothetop by pouring the CCL4:CHCL3, into another evaporating dish. The mineral/bone fraction, typicallyreferred to as the heavy fraction,was allowed to evaporate todryness,which took approximatelythirtyminutes.Ithenadded2mlofpetroleumethertotheCCL4:CHCL3mixturecontainingthefloatingmaterial. Thisaltersthedensityoftheliquid,whichcausesalessdensefractionofthesampletofloattothesurface.Thefloatingmaterialisthenpouredoffontoadryingmedium,leavingbehindamoredensefraction.Istirredthismixturethoroughly,transferredthefloatingmaterialtofiltermedium,andallowedittodry.

PUR_000209


4

Iaddedadditional2mlaliquotsofCCHL3untilnomaterial floated. Thisprocedure resulted in3or4densitydependentfractionsofingredientsinlightertoheavierorder.Allfractionswereallowedtodryfor at least thirty minutes. This is the accepted method of separating material by density formicroscopicexamination.SeeMICROSCOPICANALYSISOFAGRICULTURALPRODUCTS(2010)at57.IthenweighedeachfractionontheOhausE400Danalyticalbalancetothenearest0.01g,recordingtheresults inmy labnotebook. Onceafractionwasweighed, itwastransferredontoanew,clean,blackMasoniteexaminationboardproducedatWindsorLaboratories,onwhichtheparticleswerespreadtoensureasinglelayerofmaterialformicroscopicanalysis.C. MicroscopicExaminationoftheProductSamplesImicroscopicallyexaminedeachfraction,fromheaviestto lightest,using aNikonModel76210stereomicroscopeonabotanicalboomat1020X,which isthestandardrangeforanalysisofparticlesofthistype. SeeMICROSCOPICANALYSISOFAGRICULTURALPRODUCTS (2010) at23. Foreach fraction, Ilisted and recorded all identified components in my lab notebook and calculated and recorded theapproximatepercentageofeachcomponentusingstandardmethods.SeeMICROSCOPICANALYSISOFAGRICULTURALPRODUCTS (2010)at57. I identifiedeachcomponentbycomparing it toareferencelibraryofknown ingredientsandwithmyknowledgeofparticlecharacteristicsbasedonmyextensiveexperiencewith examination of similar particles. I estimated the proportion of each component byvisuallyestimating thepercentageofeach typeofparticleviewed through themicroscope. Thiswasrepeatedforeachfractionandthetotalsforeachcomponentpresentwerecalculated.In instanceswhere Iwas unable to identify a specific particlewhen doing this type of analysiswithcertainty, I transferred the relevantparticle toaNikonAlphaphotYScompoundmicroscope formoredetailed examination. These particleswere placed on a new, cleanmicroscope slide and a drop ofmountingmedium added. Themountingmediumused is a1:1:1 (v/w/v)mixtureofdistilledwater,chloralhydrateandglycerol,whichhelps todisplace trappedairandallow some ingredientsof finercellular structure to be more readily observable. See MICROSCOPIC ANALYSIS OF AGRICULTURALPRODUCTS (2010)at5. I thenobserved theparticleunder the compoundmicroscope (100400x) todetermine cellular structure for identification. Identification of components at thismagnification isbasedoncellularstructureratherthanoncharacteristicsoflargerparticles.The samples from the examination boardswere retained for a period of onemonth butwere thendiscardedbecausesamplesundergoanunacceptabledegreeofdecompositionbeyondthispoint.VI. RESULTSOFTHEMICROSCOPICANALYSISAspreviouslynoted,theidentitiesofthe28sampleswereblindedduringmyanalysis.OnceIcompletedmyanalysisandrecordedmyresultsinthelaboratorynotebook,thecodedlognumberscorrespondingto each Ziploc bag samplewerematched to the corresponding numbers placed on the commercialproductpackaging.Atthatpoint,Iaddedthecommercialnamesofsomeoftheexaminedpetfoodstotheentries in the labnotebook. Upuntil this time, Iwasunawareof thepurposeof the requestedanalysisofthesamplesandofanyhypothesesbeingtested.Ithencomparedthe ingredients identifiedbymymicroscopicanalysistothe labelsofeachdogorcatfood tested. The results ofmy testing and analysis reveal that in some instances, the Blue Buffaloproducts that I tested contained poultry byproductmeal, even though the packaging indicated the

PUR_000210


5

contrary.ThiswasespeciallyevidentinthetwosamplesofBlueBuffaloLifeProtectionIndoorChicken& Brown Rice Formula. In both the original and duplicate samples, I found approximately 2224%poultrybyproductmealpresent inthekibble. Inboth instances Ifoundsmallfragmentsofeggshell,rawfeatherand legscale. Further, inseveralBlueBuffalosamples,Ifoundquantitiesofgrainpresentwherethecorrespondingproductswerelabeledasbeinggrainfree.Forillustrativepurposes,photosof representative poultry byproduct and grain particles are attached in Exhibit 2, a PhotographicAppendixtothisreport.ThetablebelowsummarizestheresultsfortheBlueBuffaloproductsamples.Discrepanciesbetweenthepackageclaimandmyresultsareboldedandhighlightedinyellow.

BlueBuffaloProduct

Component %PoultryByProductMeal(Two

Samples)%Riceand/orCorn(TwoSamples)

PackageClaim

WildernessAdultChickenRecipe

(Dog)Kibble 0%,0% 0%,0% NoPoultryBy

ProductMeal/NoGrainsDarkBits 9%,11% 2.2%,1.5%

WildernessAdultChickenRecipe(Cat)

Kibble 0%,0% 0%,1% NoPoultryByProductMeal/No

GrainsDarkBits 8%,5% 2.2%,2.5%LongevityAdult

DogsKibble 0%,0% N/A NoPoultryBy

ProductMealDarkBits 2%,1% N/ALongevityAdult

CatsKibble 0%,0% N/A NoPoultryBy

ProductMealDarkBits 3%,0% N/ALifeProtectionIndoorHealth

Chicken&BrownRiceRecipe

Kibble 22%,24% N/ANoPoultryByProductMealDarkBits 2%,2% N/A

LifeProtectionAdultChicken&BrownRice(Dog)


FreedomAdultGrainfreeChicken

(Dog)Kibble 0%,0% 0%,0% NoPoultryBy

ProductMeal/NoGrainsDarkBits 2%, 2% 3%, 1%

FreedomGrainFreeChickenforIndoorCats

Kibble 0%,0% 0%,0% NoPoultryByProductMeal/No

GrainsDarkBits 2%, 1% 2%, 2% BasicsAdult

Turkey&Potato(Cat)


BasicsAdultTurkey&Potato

(Dog)Kibble 0%,0% N/A

NoPoultryByProductMealDarkBits 0%,0% N/A

Thefullresultsofmyanalysesoftheproductsareprovidedonthefollowingpages.

PUR_000211


6

Windsor Laboratories 894 Hawthorn Avenue Mechanicsburg, PA 17055 Phone: (717) 796-0537 Fax: (717) 796-0537 Microscopic Evaluation of Agricultural Products Members of the American Oil Chemists Society (AOCS) April21,2014Sample:BlueBuffalo;WildernessAdultChickenRecipe(Dog);5961000270BIUBMAR0315L12109:20 EstimatedPercent:Kibble 96.0DarkBits 4.0Sample:0012014(Kibble) EstimatedPercent:Chicken/TurkeyMeal 36Chicken 26TotalFat 15TotalStarch 12VegetablePomace 8TotalChloridesasNaCl 0.5DehydratedAlfalfaMeal 0.2 pH=6.0Sample:0012014(DarkBits) EstimatedPercent:Flax(Linseed) 48TotalFat 16Starch 8PoultryByProductMeal 9DehydratedAlfalfaMeal 8PeaFiber 4RiceHulls 2VegetablePomace 2TotalChloridesasNaCl 0.6GroundYellowCorn 0.2 pH=5.8

PUR_000212


7

2.Sample:BlueBuffaloWildernessAdultChickenRecipe(Cat);5961000140BIUBFEB0415B310620 EstimatedPercent:Kibble 98.2DarkBits 1.8 Sample:0022014(Kibble) EstimatedPercent:Chicken/TurkeyMeal 36Chicken 26TotalFat 15TotalStarch 12VegetablePomace 8TotalChloridesasNaCl 0.5DehydratedAlfalfaMeal 0.2 pH=6.0Sample:0022014(DarkBits) EstimatedPercent:Flax(Linseed) 50TotalFat 16Starch 9PoultryByProductMeal 8DehydratedAlfalfaMeal 8PeaFiber 3RiceHulls 2VegetablePomace 2TotalChloridesasNaCl 0.6GroundYellowCorn 0.2 pH=5.8

PUR_000213


8

3.Sample:BlueBuffaloLongevityLongevityforAdultDogs;5961000802BIUBJAN0815L13110:45 EstimatedPercent:Kibble 92.4DarkBits 7.6Sample:0032014(Kibble) EstimatedPercent:Fish 28FishMeal 18GroundRice 16GroundBarley 15TotalFat 11Starch 10TotalChloridesasNaCl 0.5 pH=6.0 Sample:0032014(DarkBits) EstimatedPercent:Flax(Linseed) 62TotalFat 12Starch 8DehydratedAlfalfaMeal 8PeaFiber 5PoultryByProductMeal 2RiceHulls 1VegetablePomace 0.3TotalChloridesasNaCl 0.6GroundYellowCorn 0.2CalciumCarbonate Trace(

9

4.Sample:BlueBuffaloLongevityLongevityforAdultCats;5961000814BIUBJUN1314L13215:02 EstimatedPercent:Kibble 93.0DarkBits 7.0Sample:0042014(Kibble) EstimatedPercent:FishMeal 32Fish 19TotalFat 17GroundRice 16GroundOats 8GroundBarley 6TotalChloridesasNaCl 0.7 pH=6.0Sample:0042014(DarkBits) EstimatedPercent:Flax(Linseed) 50TotalFat 16DehydratedAlfalfaMeal 12Starch 10PeaFiber 4PoultryByProductMeal 3VegetablePomace 2RiceHulls 1TotalChloridesasNaCl 0.7GroundYellowCorn 0.2 pH=6.0

PUR_000215


10

5.Sample:LifeProtectionIndoorHealthChicken&BrownRiceRecipe;5961000087FEB0915J220439 EstimatedPercent:Kibble 91.5DarkBits 8.5Sample:0052014(Kibble) EstimatedPercent:Chicken 28PoultryByProductMeal 22TotalFat 17GroundBarley 12GroundRice 8GroundOats 5FishMeal 3Flax(Linseed) 3TotalChloridesasNaCl 0.7Carrot 0.2 pH=6.0Sample:0052014(DarkBits) EstimatedPercent:Flax(Linseed) 54TotalFat 17Starch 10DehydratedAlfalfaMeal 8PeaFiber 5PoultryByProductMeal 2VegetablePomace 1RiceHulls 1TotalChloridesasNaCl 0.7GroundYellowCorn 0.2 pH=6.0

PUR_000216


11

6.Sample:BlueBuffaloLifeProtectionAdultChicken&BrownRice(Dog);5961000011BIUBJAN1515T481:15 EstimatedPercent:Kibble 95.5DarkBits 4.5Sample:0062014(Kibble) EstimatedPercent:Chicken 20PoultryByProductMeal 22TotalFat 15GroundRice 15GroundBarley 10TotalStarch 8VegetablePomace 6DehydratedAlfalfaMeal 2TotalChloridesasNaCl 0.5Flax Trace(

12

7.Sample:BlueBuffaloFreedomAdultGrainFeeChicken(Dog);5961000680BIUBMAR1715VS06:20 EstimatedPercent:Kibble 93.8DarkBits 6.2Sample:0072014(Kibble) EstimatedPercent:ChickenMeal 32Chicken 21TotalFat 16TotalStarch 10Peas 8VegetablePomace 7DehydratedAlfalfaMeal 2Flax(Linseed) 2TotalChloridesasNaCl 0.7 pH=5.2Sample:0072014(DarkBits) EstimatedPercent:Flax(Linseed) 57TotalFat 16TotalStarch 9DehydratedAlfalfaMeal 8PeaFiber 5PoultryByProductMeal 2GroundYellowCorn 2RiceHulls 1TotalChloridesasNaCl 0.6 pH=5.4

PUR_000218


13

8.Sample:BlueBuffaloFreedomGrainFeeChickenforIndoorCats;5961000707BIUBJAN1215P161433K14 EstimatedPercent:Kibble 95.7DarkBits 4.3Sample:0082014(Kibble) EstimatedPercent:Chicken 32ChickenMeal 28TotalFat 14TotalStarch 14PeaFiber 6Flax(Linseed) 2DehydratedAlfalfaMeal 1VegetablePomace 1TotalChloridesasNaCl 0.58 pH=5.7Sample:0082014(DarkBits) EstimatedPercent:Flax(Linseed) 53TotalFat 15DehydratedAlfalfaMeal 9PeaFiber 8TotalStarch 8PoultryByProductMeal 2RiceHulls 2VegetablePomace 1TotalChloridesasNaCl 0.6 pH=5.7

PUR_000219


14

9.Sample:BlueBuffaloBasicsAdultTurkey&Potato(Cat);5961000727BIUBMAY0614P173733BO5 EstimatedPercent:Kibble 96.1DarkBits 3.9Sample:0092014(Kibble) EstimatedPercent:Chicken 35ChickenMeal 24TotalStarch 16TotalFat 12PeaFiber 6Flax(Linseed) 2VegetablePomace 2DehydratedAlfalfaMeal 1TotalChloridesasNaCl 0.60 pH=5.5Sample:0092014(DarkBits) EstimatedPercent:Flax(Linseed) 54TotalFat 16DehydratedAlfalfaMeal 10PeaFiber 7TotalStarch 7PoultryByProductMeal 2RiceHulls 1VegetablePomace 1TotalChloridesasNaCl 0.6 pH=5.7

PUR_000220


15

10.Sample:BlueBuffaloBasicsAdultTurkey&Potato(Dog);5961000752BIUBMAR0515P104133MO5 EstimatedPercent:Kibble 96.1DarkBits 3.9Sample:0102014(Kibble) EstimatedPercent:Chicken 50ChickenMeal 22TotalStarch 12TotalFat 12DehydratedAlfalfaMeal 2VegetablePomace 0.2RiceHulls 0.2TotalChloridesasNaCl 0.60DicalciumPhosphate Trace(

16

11.Sample:PurinaONEbeyOndSalmon&WholeBrownRiceRecipe;1780012702328160010110L04 EstimatedPercent:DarkKibble 58.7LightKibble 41.3Sample:0112014(DarkKibble) EstimatedPercent:ChickenMeal 24Fish 22TotalFat 18GroundRice 15SoybeanMeal 8FishMeal 4GroundBarley 4GroundOats 2SoyProteinIsolate 0.5BeetPulp 0.5TotalChloridesasNaCl 0.60 pH=5.8Sample:0112014(LightKibble) EstimatedPercent:ChickenMeal 25Fish 23TotalFat 16GroundRice 16SoybeanMeal 7FishMeal 5GroundBarley 3GroundOats 2SoyProteinIsolate 0.5BeetPulp Trace(

17

12.Sample:PurinaONEbeyOndWhiteMeatChicken&WholeOatMealRecipe;1780014418331560012305L05 EstimatedPercent:DarkKibble 58.7LightKibble 41.3Sample:0122014(DarkKibble) EstimatedPercent:Chicken 27ChickenMeal 22TotalFat 17GroundRice 13SoybeanMeal 11GroundBarley 6GroundOats 2SoyProteinIsolate 0.5BeetPulp 0.5TotalChloridesasNaCl 0.6 pH=5.7Sample:0122014(LightKibble) EstimatedPercent:Chicken 26ChickenMeal 20TotalFat 17GroundRice 12SoybeanMeal 12GroundBarley 8GroundOats 2SoyProteinIsolate 0.2BeetPulp 0.3VegetablePomace 0.1TotalChloridesasNaCl 0.5CalciumCarbonate Trace(

18

13.Sample:PurinaProPlanSELECTAdultGrainFreeFormula(Dog);3810015196307110820548Ll5Kibble(0132014) EstimatedPercent:CanolaMeal 28Chicken 26TotalFat 18TotalStarch 18FishMeal 4PeaFiber 3NaCl 0.6BeetPulp 0.5 pH=5.7Sample:PurinaONEbeyOndWhiteMeatChicken&WholeBarleyRecipe(Dog);1780014936331810850201L04Kibble(0142014) EstimatedPercent:Chicken 36GroundRice 22TotalFat 18CanolaMeal 12GroundBarley 10NaCl 0.58CalciumCarbonate 0.1VegetablePomace Trace(

19

14.Sample:BlueBuffaloFreedomGrainFeeChickenforIndoorCats;BIUBSEP0514J111635 EstimatedPercent:Kibble 94.9DarkBits 5.1Sample:0152014(Kibble) EstimatedPercent:Chicken 33ChickenMeal 28TotalFat 13TotalStarch 15PeaFiber 5Flax(Linseed) 2DehydratedAlfalfaMeal 1.5VegetablePomace 0.5TotalChloridesasNaCl 0.6 pH=5.8Sample:0152014(DarkBits) EstimatedPercent:Flax(Linseed) 52TotalFat 16TotalStarch 10DehydratedAlfalfaMeal 8PeaFiber 7RiceHulls 2VegetablePomace 2TotalChloridesasNaCl 0.71PoultryByProductMeal 1 pH=5.7

PUR_000225


20

15.Sample:BlueBuffaloLongevityLongevityforAdultCats;BIUBNOV2914L13301:12 EstimatedPercent:Kibble 90.0DarkBits 10.0Sample:0162014(Kibble) EstimatedPercent:FishMeal 20Fish 20GroundRice 18TotalFat 16GroundOats 12GroundBarley 12TotalChloridesasNaCl 0.6 pH=6.1Sample:0162014(DarkBits) EstimatedPercent:Flax(Linseed) 54TotalFat 15DehydratedAlfalfaMeal 9Starch 8PeaFiber 4VegetablePomace 4RiceHulls 2GroundYellowCorn 1WheatMiddlings 1TotalChloridesasNaCl 0.5 pH=6.3

PUR_000226


21

16.Sample:BlueBuffaloLifeProtectionAdultChicken&BrownRice(Dog);BIUBJAN1415T1C16:02 EstimatedPercent:Kibble 91.0DarkBits 9.0Sample:0172014(Kibble) EstimatedPercent:Chicken 22ChickenMeal 20TotalFat 14GroundRice 13GroundBarley 12TotalStarch 8VegetablePomace 8DehydratedAlfalfaMeal 1TotalChloridesasNaCl 0.51 pH=5.0Sample:0172014(DarkBits) EstimatedPercent:Flax(Linseed) 52TotalFat 16TotalStarch 10DehydratedAlfalfaMeal 8PeaFiber 6VegetablePomace 3GroundYellowCorn 2RiceHulls 2TotalChloridesasNaCl 0.6 pH=5.0

PUR_000227


22

17.Sample:PurinaONEbeyOndSalmon&WholeBrownRiceRecipe;400710831313L05BIUBJUL2015 EstimatedPercent:DarkKibble 54.2LightKibble 45.8Sample:0182014(DarkKibble) EstimatedPercent:ChickenMeal 26Fish 21TotalFat 18GroundRice 14SoybeanMeal 7FishMeal 5GroundBarley 3GroundOats 3SoyProteinIsolate 0.5BeetPulp 0.5TotalChloridesasNaCl 0.58 pH=5.7Sample:0182014(LightKibble) EstimatedPercent:ChickenMeal 27Fish 22TotalFat 16GroundRice 15SoybeanMeal 8FishMeal 4GroundBarley 3GroundOats 3SoyProteinIsolate 0.2BeetPulp 0.1TotalChloridesasNaCl 0.62 pH=5.8

PUR_000228


23

18.Sample:BlueBuffaloBasicsAdultTurkey&Potato(Cat);BIUBSEP08142321933 EstimatedPercent:Kibble 97.7DarkBits 2.3Sample:0192014(Kibble) EstimatedPercent:Chicken 35ChickenMeal 20TotalFat 16TotalStarch 15PeaFiber 7Flax(Linseed) 2DehydratedAlfalfaMeal 2VegetablePomace 1TotalChloridesasNaCl 0.50 pH=5.5Sample:0192014(DarkBits) EstimatedPercent:Flax(Linseed) 55TotalFat 15DehydratedAlfalfaMeal 11PeaFiber 6TotalStarch 6PoultryByProductMeal 2RiceHulls 2VegetablePomace 0.5TotalChloridesasNaCl 0.6 pH=5.7

PUR_000229


24

19.Sample:BlueBuffaloWildernessAdultChickenRecipe(Cat);BIUBMAR0215B311446 EstimatedPercent:Kibble 96.1DarkBits 3.9 Sample:0202014(Kibble) EstimatedPercent:ChickenMeal 32Chicken 31TotalFat 18FishMeal 9TotalStarch 8RiceHulls 1DehydratedAlfalfaMeal 0.7TotalChloridesasNaCl 0.69BloodMeal 0.1 pH=5.7Sample:0202014(DarkBits) EstimatedPercent:Flax(Linseed) 58TotalFat 14Starch 8PoultryByProductMeal 5DehydratedAlfalfaMeal 7PeaFiber 4RiceHulls 1.5GroundYellowCorn 1TotalChloridesasNaCl 0.4CalciumCarbonate 0.1 pH=5.5

PUR_000230


25

20.Sample:PurinaONEbeyOndWhiteMeatChicken&WholeBarleyRecipe(Dog);BIUBJAN2015319710830939L09Kibble(0212014): EstimatedPercent:Chicken 35GroundRice 24TotalFat 18CanolaMeal 11GroundBarley 10NaCl 0.61CalciumCarbonate 0.1VegetablePomace Trace(

26

21.Sample:BlueBuffaloBasicsAdultTurkey&Potato(Dog);BIUBAPR0815P200534RO8 EstimatedPercent:Kibble 96.9DarkBits 3.1Sample:0222014(Kibble) EstimatedPercent:Chicken 48ChickenMeal 22TotalStarch 13TotalFat 12DehydratedAlfalfaMeal 3VegetablePomace 0.2TotalChloridesasNaCl 0.70DicalciumPhosphate Trace(

27

22.Sample:BlueBuffaloFreedomAdultGrainFeeChicken(Dog);BIUBFEB0415P011733L06 EstimatedPercent:Kibble 95.8DarkBits 4.2Sample:0232014(Kibble) EstimatedPercent:ChickenMeal 32Chicken 25TotalFat 15TotalStarch 8VegetablePomace 8Peas 6DehydratedAlfalfaMeal 2Flax(Linseed) 2TotalChloridesasNaCl 0.7 pH=5.2Sample:0232014(DarkBits) EstimatedPercent:Flax(Linseed) 55TotalFat 16TotalStarch 10DehydratedAlfalfaMeal 9PeaFiber 3PoultryByProductMeal 2VegetablePomace 2GroundYellowCorn 1TotalChloridesasNaCl 0.61 pH=5.0

PUR_000233


28

23.Sample:BlueBuffaloLongevityLongevityforAdultDogs;BIUBNOV2614L12301:52 EstimatedPercent:Kibble 84.0DarkBits 16.0Sample:0242014(Kibble) EstimatedPercent:Fish 25GroundRice 20GroundBarley 18FishMeal 15TotalFat 12TotalStarch 8TotalChloridesasNaCl 0.4Carrots Trace(

29

24.Sample:PurinaONEbeyOndWhiteMeatChicken&WholeOatMealRecipe;BIUBJUL2015334710830419L05 EstimatedPercent:DarkKibble 51.1LightKibble 48.9Sample:0252014(DarkKibble) EstimatedPercent:Chicken 28ChickenMeal 18TotalFat 17GroundRice 15SoybeanMeal 12GroundBarley 7BeetPulp 0.2VegetablePomace 0.2SoyProteinIsolate 0.1CalciumCarbonate 0.1TotalChloridesasNaCl 0.6 pH=5.7Sample:0252014(LightKibble) EstimatedPercent:Chicken 28ChickenMeal 20TotalFat 16GroundRice 12SoybeanMeal 11GroundBarley 9GroundOats 1SoyProteinIsolate 0.3BeetPulp 0.3VegetablePomace 0.2TotalChloridesasNaCl 0.5CalciumCarbonate Trace(

30

25.Sample:BlueBuffalo;WildernessAdultChickenRecipe(Dog);BIUBFEB2515L12304:25 EstimatedPercent:Kibble 92.0DarkBits 8.0Sample:0262014(Kibble) EstimatedPercent:ChickenMeal 35Chicken 28TotalFat 14TotalStarch 12VegetablePomace 7Flax(Linseed) 1.5DehydratedAlfalfaMal 0.3TotalChloridesasNaCl 0.54 pH=6.0Sample:0262014(DarkBits) EstimatedPercent:Flax(Linseed) 50TotalFat 15PoultryByProductMeal 11DehydratedAlfalfaMeal 8Starch 7PeaFiber 3VegetablePomace 2RiceHulls 1.5TotalChloridesasNaCl 0.55Dirt&Grit Trace(

31

26.Sample:PurinaProPlanSELECTAdultGrainFreeFormula(Dog);BIUBSEP2014307110821052L15Kibble(0272014) EstimatedPercent:CanolaMeal 26Chicken 25TotalFat 18TotalStarch 18FishMeal 6PeaFiber 4NaCl 0.54BeetPulp 0.5 pH=5.8

PUR_000237


32

27.Sample:LifeProtectionIndoorHealthChicken&BrownRiceRecipe;BIUBAPR2415B420041 EstimatedPercent:Kibble 80.3DarkBits 19.7Sample:0282014(Kibble) EstimatedPercent:Chicken 30PoultryByProductMeal 24TotalFat 16GroundBarley 12GroundRice 7GroundOats 6FishMeal 3TotalChloridesasNaCl 0.6Carrot 0.1 pH=6.0Sample:0282014(DarkBits) EstimatedPercent:Flax(Linseed) 52TotalFat 16Starch 12DehydratedAlfalfaMeal 8PeaFiber 6PoultryByProductMeal 2VegetablePomace 1RiceHulls 1TotalChloridesasNaCl 0.62GroundYellowCorn 0.1 pH=6.0

PUR_000238


33

PUR_000239


EXHIBIT1CURRICULUMVITAE

PUR_000240


1

Messiah College-Department of Natural Sciences Grantham, PA 17027

(717) 766-2511

Curriculum Vitae JAMES V. MAKOWSKI Home Address: 894 Hawthorn Avenue

Mechanicsburg, PA 17055 Office Address:

Department of Natural Sciences Messiah College Grantham, PA 17027

Education:

1976 B.A. Messiah College (Biology) 1978-79 Trenton State University, NSF Fellowship 1980 M.A. West Chester State University (Biology) 1991 Ph.D. University of Delaware (Curriculum & Instruction/ Science

Education) Teaching Experience:

1975-76 Messiah College, Teaching Assistant 1976-81 Central Bucks School District, Senior High School Biology 1981-86 Messiah College, Instructor in Biology 1986-1992 Messiah College, Assistant Professor of Biology 1993-1999 Messiah College, Associate Professor of Biology 2000- Messiah College, Professor of Biology

PUR_000241


2

While at Messiah College, I have taught the following courses in the Department of Biological Sciences:

BIO 150 Biology I (First semester Biology majors) BIO 102 Bioscience (Non-majors Biology) BIO 106 Life Science for Elementary Education (Biological principles for BIO 114 Heredity & Human Affairs (Ethics based genetics course for non- BIO 281 Genetics (Introductory genetics for majors) BIO 313 Developmental Biology (for majors) BIO 347 Comparative Anatomy (for majors) BIO 381 Microbiology (for biology majors) BIO 382 Microbiology for Health Professionals (for nursing & pre-med majors) NSC 496 Science Seminar (Capstone course for senior majors) IDS 101 First Year Seminar: Science & the Media IDS 101 First Year Seminar: Science in Science Fiction IDS 101 First Year Seminar: Science Fiction & Society IDST 300 Genetics & Society BIOL189 Genetics for Health Professionals BIOL160 Introduction to Cellular & Molecular Biology BIOL 260 Genetics & Development BIOL 317 Bioethics BIOL/CHEM 495 Capstone

I also am responsible for teaching BIO 407 & CHE 407 Secondary Subject Methods: Science for students majoring in biology and chemistry who wish to become secondary teaching certification. In addition, I supervise these students during their professional semester of student teaching.

Additional Professional Experience:

1986-87 Hershey Foods Corporation. Consultant in Food Microbiology, 1988 Polyclinic Medical Center, Faculty Intern to Medical Microbiology

Laboratory, 1988 1989 Quaker Oats Corporation, Faculty Intern in Quality Assurance

Lab, Shiremanstown, PA, 1989. Responsible for the development of several new procedures for quality assurance laboratory.

PUR_000242


3

1987-present Owner, Windsor Laboratories a private consulting laboratory for forensic microscopy of animal feed and human food, as well unknown particles, etc.

Awards:

1991 Robert T Stegnar award in Science Education. Recognizes the graduate student who has made the most significant contributions to the advancement of science education. The University of Delaware, May, 1991.

Publications:

Makowski, J. (1979). Nucleosomes: Intracellular chromatin packaging units. Unpublished Research Article, West Chester University, 1979.

Makowski, J. (1980). Autecology of the White-Tailed Deer (Odocoileus

virginianus). Unpublished research article, West Chester University, 1980.

Makowski, J. (1983). Concepts of Biology Laboratory Manual, Messiah College,

1983.

Makowski, J. (1988). Problem-solving in genetics: A review. Unpublished

Makowski, J. (1991). High school teachers' conceptions of genetics and their

Makowski, J. (1992). The influence of curriculum content knowledge of genetics instruction. Journal of Research in Science Teaching, Vol 31, 2, February, 1994.

Makowski, J. (1992). A Microbiologist's View of Feed Microbiology.

Proceedings of the American Association of Feed Microscopists, Vol. 39, 1.

Makowski, J. (1996). The Use of Polarized Light Microscopy. Proceeding of

the American Association of Feed Microscopists, Vol. 43, 2

PUR_000243


4

Makowski, J. (1998). Feed Microscopy: An Undervalued Quality Assurance Technique. Inform (9), 11, November, 1999.

Makowski, J. (2000). Electrophoretic Separation of Mammalian Hair Proteins as

a Means of Species Identification of Meat & Bone Meal Sources in Animal Feeds. Inform (11), April 2000.

Makowski, J. (2006). Microscopy Techniques for the Identification of Animal

Protein Products. Inform.(17), September 2006 Makowski, J., Ed., (2011). Microscopic Analysis of Agricultural Products, 4th

Ed., Champagne, IL, AOCS Press. Presentations:

"The Effects of Varied Instructional Strategies on Student Problem-Solving Behaviors." Paper presented at the Annual Meeting of the Eastern

"Inhibition of Salmonella sp. in Extruded Feeds." A Paper presented at the Annual Meeting of the American Association of Feed Microscopists,

"Hands-on Science Activities for Elementary School Students." Capital Area Intermediate Unit Regional In-Service day, October, 1991.

"Classroom-Tested Recommendations for Improving High School Genetics Instruction." Capital Area Intermediate Unit In-Service day, October,

"The Influence of Curriculum Content Knowledge on Genetics Instruction." A Paper presented at the Fourth Meeting of the International Consortium

"A Microbiologist's View of Feed Microscopy."

purina complaint against blue buffalo

Documents

blue buffalo company

blue buffalos advertising

blue buffalos ceo

blue buffalos brand

certainblue buffalo

deceptive advertising

dog food fight

false advertisingaction