A class action lawsuit filed in 2020 alleges that Freshpet, Inc. sold refrigerated dog food products contaminated with Listeria monocytogenes and Salmonella without disclosing the bacterial risks to consumers before purchase. According to the complaint, multiple pet owners say their dogs became seriously ill — and in some cases died — after eating Freshpet products that the company allegedly failed to properly test and inspect for harmful pathogens. The lawsuit’s central claim is that Freshpet knew or should have known about contamination risks in its refrigerated pet food line and chose not to warn buyers.
The case has drawn attention not only from affected pet owners but also from investors and regulators. Freshpet has faced separate shareholder litigation, securities investigations, and multiple FDA recalls related to Salmonella contamination. Meanwhile, a 2025 Consumer Reports study testing 174 dog food samples found Listeria in competing raw dog food brands, though Freshpet stated its own products were found “completely safe to consume” in that analysis.
Table of Contents
- What Does the Lawsuit Claim About Listeria in Freshpet Refrigerated Dog Food?
- How Freshpet’s FDA Recall History Fits Into the Bigger Picture
- What Consumer Reports Found About Listeria in Dog Food
- What Pet Owners Should Do If Their Dog Got Sick After Eating Freshpet
- Freshpet’s Corporate Troubles Beyond the Consumer Lawsuit
- How Refrigerated Pet Food Contamination Risks Compare to Traditional Kibble
- What Comes Next for the Freshpet Lawsuit and Affected Pet Owners
- Frequently Asked Questions
What Does the Lawsuit Claim About Listeria in Freshpet Refrigerated Dog Food?
The federal class action lawsuit filed in 2020 alleges that certain Freshpet refrigerated dog food products contained dangerous levels of Listeria monocytogenes and Salmonella that were not disclosed to consumers at the point of sale. The plaintiffs — a group of pet owners from multiple states — claim that Freshpet relied on inadequate testing methods that failed to detect harmful bacteria before products shipped to retailers. Rather than implementing rigorous pathogen screening, the lawsuit asserts, Freshpet allowed contaminated products to reach store shelves while marketing its food as a fresh, healthy alternative to traditional kibble. An important distinction worth understanding: the Listeria allegations come specifically from the lawsuit complaints filed by plaintiffs and their attorneys, not from confirmed FDA findings against Freshpet. The FDA’s documented actions against Freshpet have involved Salmonella, not Listeria.
Freshpet voluntarily recalled one lot of its Select Small Dog Bite Size Beef & Egg Recipe dog food (1 lb bags with a sell-by date of 10/30/2021) due to potential Salmonella contamination. A second recall involved one lot of Freshpet Select Fresh From the Kitchen Home Cooked Chicken Recipe (4.5 lb bags, sell-by date 10/29/2022), also for Salmonella — notably, a portion of that lot was inadvertently shipped to retailers despite being designated for destruction. In both cases, Freshpet reported no confirmed illness, injury, or adverse reactions. The gap between what the lawsuit alleges and what has been confirmed through FDA channels matters for anyone trying to evaluate the strength of the case. Plaintiffs will need to establish through discovery and expert testimony that Listeria was actually present in Freshpet products and that the company had knowledge or reason to know about it. Freshpet, for its part, has consistently pushed back on contamination claims and has called reports of pet deaths linked to its products “misinformation.”.
How Freshpet’s FDA Recall History Fits Into the Bigger Picture
While the lawsuit focuses broadly on bacterial contamination including Listeria, Freshpet’s actual recall history has been limited to Salmonella concerns. The two voluntary recalls — one in 2021 and one in 2022 — each involved a single lot of product, which is relatively narrow compared to some of the massive multi-product recalls the pet food industry has seen over the years. However, the circumstances of the second recall raised eyebrows: a batch of chicken recipe dog food that had been flagged for destruction was accidentally shipped to stores. That kind of quality control failure, even if it resulted in no confirmed illnesses, gives plaintiffs ammunition for their argument that Freshpet’s internal testing and safety protocols were insufficient.
It is worth noting that the absence of confirmed adverse reactions from the recalls does not necessarily mean no pets were harmed. Pet illness and death are notoriously underreported to the FDA because many owners do not connect their animal’s symptoms to a specific food product, and veterinary records do not always capture the brand of food being fed. If your dog became ill after eating a recalled Freshpet product and you did not file a report, you may still have options — the FDA’s Safety Reporting Portal accepts complaints about pet food at any time, and documentation of veterinary visits can serve as evidence in ongoing litigation. However, if you are considering joining the lawsuit based solely on the recalls, keep in mind that the recalled products were limited to specific lots with specific sell-by dates. Owners who purchased different products or lots would need to establish contamination through other evidence, which is part of what makes class action certification in food safety cases complicated.
What Consumer Reports Found About Listeria in Dog Food
In February 2025, Consumer Reports published the results of an extensive dog food safety study that tested 174 samples purchased between December 2023 and May 2024. The study did find Listeria monocytogenes — but not in Freshpet products. The bacteria were detected in samples of Raw Bistro and Viva for Dogs raw frozen products. Freshpet pointed to this study as vindication, stating that its products were found “completely safe to consume” in the Consumer Reports analysis. This is a meaningful data point for both sides of the litigation. For Freshpet, it provides third-party evidence that its current products are not contaminated with Listeria, at least as of the testing period.
For plaintiffs, the study does not necessarily undermine claims about contamination that may have occurred in earlier production runs, particularly around the time the lawsuit was filed in 2020. Food safety conditions can change significantly over time based on manufacturing processes, supplier changes, and facility upgrades. Consumer Reports notified the FDA about its findings regarding the contaminated brands, and the FDA passed those results to its surveillance and compliance teams. For pet owners trying to make sense of these competing narratives, the Consumer Reports study is a reminder that bacterial contamination in refrigerated and raw pet food is not unique to any single brand. The very nature of minimally processed, refrigerated pet food creates conditions where pathogens can thrive if temperature controls, sanitation, or testing protocols fall short at any point in the supply chain. This does not mean all refrigerated pet food is dangerous, but it does mean that the “fresh equals safe” marketing message deserves scrutiny.
What Pet Owners Should Do If Their Dog Got Sick After Eating Freshpet
If your dog became ill or died after consuming Freshpet products, the most important step you can take right now is to document everything. Save any remaining food and packaging, including lot numbers and sell-by dates. Gather veterinary records that detail your dog’s symptoms, diagnosis, and treatment timeline. Photographs of the product packaging and any receipts showing when and where you purchased the food can also strengthen a potential claim. Filing a complaint with the FDA through its Safety Reporting Portal creates an official record that regulators and attorneys can reference.
You do not need to have purchased a recalled product to file — the FDA accepts reports about any pet food that may have caused illness or death. Separately, if you believe your situation aligns with the class action allegations, consulting with a consumer protection attorney who handles pet food litigation can help you understand whether you might be eligible to join the existing case or pursue an individual claim. There is a tradeoff between the two paths: class actions typically result in smaller individual payouts but require less personal effort, while individual lawsuits can yield larger compensation but demand more time, legal costs, and evidence. One thing to be cautious about is the timeline. Statutes of limitations vary by state, and if your dog’s illness occurred several years ago, you may be approaching or past the filing deadline for an individual claim. The class action, if certified, would cover a defined class period, so your eligibility may depend on when you purchased the product and when the harm occurred.
Freshpet’s Corporate Troubles Beyond the Consumer Lawsuit
The consumer class action is not the only legal headache Freshpet has faced. JANA Partners, which owns approximately 9.5 percent of Freshpet’s stock, filed a separate complaint in Delaware Chancery Court alleging that the Freshpet board breached its fiduciary duties to shareholders. This kind of activist investor lawsuit typically signals deep disagreement about how the company is being managed, and it adds a layer of corporate instability to the picture. Additionally, the Rosen Law Firm announced an investigation into potential securities claims against Freshpet, alleging that the company may have issued materially misleading business information to investors. On October 8, 2025, Bank of America downgraded Freshpet from Buy to Neutral, citing weakened demand for fresh pet food.
These developments do not directly affect the consumer contamination lawsuit, but they do suggest that Freshpet is under pressure from multiple directions. For consumers watching the case, corporate financial stress can sometimes accelerate settlement negotiations — companies facing investor lawsuits, regulatory scrutiny, and declining market confidence may be more inclined to resolve consumer litigation rather than fight it out in court for years. That said, corporate litigation does not guarantee a favorable outcome for pet owners. Freshpet could just as easily dig in on the consumer case while settling with shareholders, or vice versa. The two tracks are legally distinct, and progress in one does not necessarily predict movement in the other.
How Refrigerated Pet Food Contamination Risks Compare to Traditional Kibble
Refrigerated and raw pet foods occupy a growing niche that markets heavily on freshness and minimal processing, but those same qualities create unique food safety challenges. Traditional dry kibble is cooked at high temperatures that kill most bacteria, and its low moisture content makes it inhospitable to pathogens like Listeria and Salmonella during storage.
Refrigerated pet food, by contrast, must maintain an unbroken cold chain from manufacturing to the consumer’s home — any break in refrigeration can allow bacteria to multiply rapidly. This does not mean kibble is inherently safer in all respects — dry pet food has had its own share of recalls for Salmonella, aflatoxin, and other contaminants. But the risk profile is different, and pet owners choosing refrigerated products should understand that they are accepting a category of risk that requires more vigilance around storage, handling, and expiration dates than a bag of dry food sitting in a pantry.
What Comes Next for the Freshpet Lawsuit and Affected Pet Owners
The Freshpet consumer class action remains in active litigation, and its trajectory will depend on several factors: whether the court certifies the class, what evidence emerges during discovery about Freshpet’s internal testing practices, and whether the company moves toward settlement or opts to defend the case through trial. Given the parallel pressures from shareholder litigation, securities investigations, and a Bank of America downgrade, the next 12 to 18 months could be pivotal for Freshpet’s legal and business outlook.
For pet owners who believe their animals were harmed, staying informed is essential. Court filings in federal cases are publicly accessible through the PACER system, and attorneys representing the plaintiff class will typically post updates if a settlement is reached or if a claims process opens. If you have not yet reported your pet’s illness to the FDA or consulted with an attorney, doing so sooner rather than later preserves your options regardless of how the case resolves.
Frequently Asked Questions
Has the FDA confirmed Listeria in Freshpet dog food?
No. The FDA’s documented actions against Freshpet have involved Salmonella, not Listeria. The Listeria allegations come from the class action lawsuit filed in 2020. A 2025 Consumer Reports study testing 174 dog food samples found Listeria in other brands but not in Freshpet products.
Which Freshpet products were recalled?
Freshpet voluntarily recalled one lot of Select Small Dog Bite Size Beef & Egg Recipe (1 lb bags, sell-by date 10/30/2021) and one lot of Select Fresh From the Kitchen Home Cooked Chicken Recipe (4.5 lb bags, sell-by date 10/29/2022), both for potential Salmonella contamination. No confirmed illnesses were reported from either recall.
Can I join the Freshpet class action lawsuit?
Potentially. If your dog became ill or died after consuming Freshpet products during the relevant time period, you may be eligible. Consult a consumer protection attorney who can evaluate your specific situation and advise whether the class action or an individual claim is the better path.
What should I do if my dog got sick after eating Freshpet food?
Document everything — save remaining food and packaging, collect veterinary records, and keep purchase receipts. File a report with the FDA through its Safety Reporting Portal. Then consult with an attorney to understand your legal options before any statute of limitations expires.
Has Freshpet responded to the contamination allegations?
Freshpet has called claims of pet deaths linked to its products “misinformation” and pointed to the 2025 Consumer Reports study as evidence that its products are safe. The company has cooperated with FDA recalls but disputes the broader contamination allegations in the lawsuit.
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