Purina Defeats Competitor’s Bird Flu False Advertising Claims

Purina Animal Nutrition LLC convinced a federal judge Wednesday to toss, for now, competitor Kalmbach Feeds Inc.'s lawsuit alleging Purina duped consumers into thinking its poultry feed could protect against avian influenza.

Kalmbach didn’t sufficiently allege an injury beyond potential consumer confusion, Judge Algenon L. Marbley of the US District Court for the Southern District of Ohio said.

“How this alleged customer confusion has impacted Kalmbach negatively is unclear from the Complaint,” Marbley said.

Kalmbach said Purina advertises its Farm to Flock hen food as able to defend against viruses like bird flu, but that no animal feed or food ...