The plaintiffs must prove that they were harmed or otherwise defrauded by any misrepresentation of their puppies' origin.

The suit was dismissed Friday by a federal judge in Phoenix who said the allegations were too general and that the complaint did not show that the plaintiffs were direct victims of the fraud that was alleged in the suit.

...

The plaintiffs did not show that Petland's statements about where the puppies came from were a direct cause of injury to the pet owners, the judge said, or that plaintiffs suffered injury from Hunte, a Missouri-based company named in the lawsuit, which also has denied the claims.

Copies of a few vet bills for the animals with inherited diseases and other health problems just might make the point. The new lawsuit will be filed as a class action.

Petland lawsuit alleging sick, malformed puppies thrown out in Arizona [The Plain Dealer]
Lawyer: Petland to face amended lawsuit on puppies [AP] (Thanks, David!)

RELATED:
Petland Employees Drowned Rabbits, Posted Photos on Facebook
Petland Sends Really Snarky Email To Puppy Mill Protesters
Petland Uses Puppy Mills

(Photo: LynasUK)

Apparently, the animals were killed to end their suffering. Their suffering due to poor care received from Petland staff.

Yes, we're more likely to make fun of PETA here at Consumerist, but if this story is true, it's a big deal and a huge black eye for Petland. From PETA's press release:

The Facebook photo shows a grinning Carlisle — who worked at the Petland store located at 2000 Brittain Rd., Ste. 41, in Akron — dangling two dead, soaking-wet rabbits by the scruff of their necks. Carlisle confirms a Facebook friend's guess that she drowned the rabbits, writing, "[T]he manager took the pic for me. [S]he reminded me that there were people outside as [I] was swearing at them to just hurry up and die but then she was so kind as to take this picture."Carlisle's other comments indicate that the rabbits had been allowed to "attack" and "eat" each other (behavior that may have been caused by crowding and poor husbandry) while in the store's "care" and that rabbits had sustained injuries, including "deep wounds all over," "an eye missing," what Petland staff "suspected was a broken jaw," and paralysis from the waist down. The case is currently under criminal investigation by law-enforcement authorities.

If rabbits (or, indeed, any animal) are eating each other, there's something very, very wrong either with them or with their environment. That's horrible treatment, even without taking the drowning into account.

There is a (mercifully) blurry picture available that PETA posted on their blog, but you probably don't want to see it. That's why this post was illustrated with 100% healthy, alive, fluffy, dry bunnies. (If you must, click here.)

Looking at the picture, the images don't quite seem to match up with the text. The rabbits look wet, but not dripping, though that may be a photo quality issue. Do Petland employees normally wear scrubs?

EIther way, Petland confirmed the incident when they put out a statement (now taken offline) on Tuesday.

Petland is saddened and outraged at this gross violation of Petland's animal care standards. It is Petland's understanding that the employee was instructed to contact the store's consulting veterinarian, and instead, defied the orders and store policy and acted on her own. She was immediately dismissed and the case is now being handled by local law enforcement. Petland, Inc. is conducting its own internal investigation.

UPDATE: The Akron store has been closed indefinitely, and all animals removed from the store. Petland has issued an updated press release.

Boast Over Animal Killings at Ohio Petland Prompts PETA to Call for an End to Store's Rabbit Sales [Press Release] (Thanks, Philip!)
Petland Closes Akron Store [Press Release]
Hopping Mad: Petland Shuts Down Akron Shop After Worker Drowns Rabbits, Poses For Pics [WOIO]

(Photo: jpockele)

From: Chris Beth [mailto:cbeth@petland.com]
Sent: Friday, January 16, 2009 5:41 PM
To: jjpippin@sbcglobal.net
Subject: Petland Plano

Dr. Pippin,

I was at the Plano store last Saturday when you all were there. I just wanted to thank you for being there! We had so many people tell us that they did not see us located there and your people drew them into the store.

I was actually wondering if you could be there both days on the weekend and maybe Fridays?

Thanks again,

Christopher Beth
Director of Regional Operations - Western US
Petland, Inc.

—-——-——-——-——-——-——-—

From: jjpippin [mailto:jjpippin@sbcglobal.net]
Sent: Friday, January 16, 2009 9:35 PM
To: 'Chris Beth'
Subject: RE: Petland Plano

Ha ha, that's very good Mr. Beth. We see the traffic at your store every Saturday, so please stop with the amateur reverse psychology.

Let's just see how this works out, shall we? We're in this for the long haul.

John J. Pippin, M.D.

—-—Original Message—-—
From: Chris Beth [mailto:cbeth@petland.com]
Sent: Friday, January 16, 2009 9:54 PM
To: 'jjpippin'
Subject: RE: Petland Plano

Dr. Pippin,

Ha, ha? I wasn't kidding. Unless you are watching the traffic all other times of the week you certainly could not quantify the results of your presence like my stores door counters record. Regardless, we sold two puppies while you were there. One Westie and one Beagle.

We are also in it for the long haul, Dr. Pippin. The last 41 years of us being in business has not been by fluke.

Best Regards,

Christopher Beth
Petland, Inc.

Petland stores are independently operated franchises. The Petland company website says that, "Each is responsible for choosing healthy pets offered to Petland customers. Petland, Inc. provides each Petland store with humane care guidelines to assist in this important task." So they give the stores a laminated binder - but do they actually check to make sure franchisees are following the guidelines? Is there a Kimberley Process for dog breeders?

(Thanks to Lisa!) (Photo: Hoong Wei Long)

After an eight-month investigation, the Humane Society of the United States accused Petland, the national pet store chain, of selling dogs bred under appalling conditions at puppy mills around the country.

While puppy mills aren't illegal, they're also not places where dogs are treated as anything more than merchandise—and the Humane Society says that the 21 Petland stores they investigated mislead buyers on where the dogs actually come from.

From Weaver's article:

"They are buying from puppy mills where these dogs are not treated like pets," Michael Markarian, an executive vice president with the Humane Society, told a news conference. "They're treated like a cash crop, where mother dogs live in wire cages, sometimes stacked on top of each other in filthy, dirty, cramped conditions, where they receive little socialization or human interaction or exercise."

Among the poor conditions cited, investigators found puppies in commercial breeders "living in filthy cages reeking of urine, with inadequate care and socialization," according to the release. The Humane Society says dogs at the mills were found in cages with wire flooring so large that the puppies' paws and even the paws of the mother dogs would fall through.

Petland did not return calls to Weaver about the allegations, but she notes that their website seemingly absolves them from corporate responsibility by stating that each store is independently owned and individually "responsible for choosing healthy pets offered to Petland customers."

While that may be true, there's no reason for Petland to offer such an unrestricted, hands-off policy to its franchisees. By way of example, this week Subway asked one of its franchisees to rescind a corporate-branded donation to California's anti-gay "Yes on 8" campaign, citing that their agreement prohibits using "the Trademark in a manner that degrades, diminishes, or detracts from the goodwill of the business associated with the Trademark."

So, uh, how come you don't protect your brand like that, Petland?

"Investigation ties pet chain to puppy mills" [MSNBC]
(Photo: Getty Images)