Blaszkowski et al v. Mars Inc. et al

Filing 370

ANSWER to Amended Complaint , Fourth Amended Class Action Complaint, by Hill's Pet Nutrition, Inc..(Craig, Ana)

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Blaszkowski et al v. Mars Inc. et al Doc. 370 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 1 of 52 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO.: 07-21221-CIV-ALTONAGA/BROWN RENEE BLASZKOWSKI, et. al., individually, and on behalf of other similarly situated, Plaintiffs/Putative Class Representatives, v. MARS INC., et. al., Defendants/Putative Class Representatives. ____________________________________________/ HILL'S PET NUTRITION, INC.'S ANSWER TO THE FOURTH AMENDED CLASS ACTION COMPLAINT Defendant, Hill's Pet Nutrition, Inc. ("Hill's"), through its undersigned counsel, for its Answer to the Fourth Amended Class Action Complaint dated April 11, 2008 ("Complaint"), responds as follows to the allegations of the Complaint, and avers generally that the responses contained are made with respect to the allegations of the Complaint directed to Hill's only, as Hill's is not obligated, nor in a position, to respond to allegations made against any other Defendant. Any allegation not specifically admitted is denied. 1. Hill's admits that Plaintiffs have initiated a purported class action. Hill's denies that class certification is permissible in this case, denies that Plaintiffs who purchased Hill's products did not receive a benefit for their pets, and further denies that Plaintiffs received products that were materially different from what Hill's advertises. Hill's has insufficient knowledge to admit or deny the remaining allegations in Paragraph 1 of the Complaint and therefore denies each and every such allegation. 13260625.1 Dockets.Justia.com Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 2 of 52 Case No.: 07-21221-civ-Altonaga/Brown 2. Hill's denies the allegations in Paragraph 2 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 2 of the Complaint and therefore denies each and every such allegation. 3. Hill's has insufficient knowledge or information to admit or deny the remaining allegations contained in Paragraph 3 of the Complaint and therefore denies each and every such allegation. 4. The allegations in Paragraph 4 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 4 of the Complaint and therefore denies each and every such allegation. 5. Hill's has insufficient knowledge or information to admit or deny the remaining allegations contained in Paragraph 5 of the Complaint and therefore denies each and every such allegation. 6. Hill's has insufficient knowledge or information to admit or deny the remaining allegations contained in Paragraph 6 of the Complaint and therefore denies each and every such allegation. 7. Hill's has insufficient knowledge or information to admit or deny the remaining allegations contained in Paragraph 7 of the Complaint and therefore denies each and every such allegation. 8. Hill's has insufficient knowledge or information to admit or deny the remaining allegations contained in Paragraph 8 of the Complaint and therefore denies each and every such allegation. 2 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 3 of 52 Case No.: 07-21221-civ-Altonaga/Brown 9. Hill's has insufficient knowledge or information to admit or deny the remaining allegations contained in Paragraph 9 of the Complaint and therefore denies each and every such allegation. 10. The allegations in Paragraph 10 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 10 of the Complaint and therefore denies each and every such allegation. 11. Hill's has insufficient knowledge or information to admit or deny the remaining allegations contained in Paragraph 11 of the Complaint and therefore denies each and every such allegation. 12. The allegations in Paragraph 12 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 12 of the Complaint and therefore denies each and every such allegation. 13. The allegations in Paragraph 13 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 13 of the Complaint and therefore denies each and every such allegation. 14. Hill's has insufficient knowledge or information to admit or deny the remaining allegations contained in Paragraph 14 of the Complaint and therefore denies each and every such allegation. 15. The allegations in Paragraph 15 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to 3 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 4 of 52 Case No.: 07-21221-civ-Altonaga/Brown admit or deny the allegations contained in Paragraph 15 of the Complaint and therefore denies each and every such allegation. 16. The allegations in Paragraph 16 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 16 of the Complaint and therefore denies each and every such allegation. 17. Hill's has insufficient knowledge or information to admit or deny the remaining allegations contained in Paragraph 17 of the Complaint and therefore denies each and every such allegation. 18. Hill's has insufficient knowledge or information to admit or deny the remaining allegations contained in Paragraph 18 of the Complaint and therefore denies each and every such allegation. 19. The allegations in Paragraph 19 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 19 of the Complaint and therefore denies each and every such allegation. 20. Hill's has insufficient knowledge or information to admit or deny the remaining allegations contained in Paragraph 20 of the Complaint and therefore denies each and every such allegation. 21. Hill's has insufficient knowledge or information to admit or deny the remaining allegations contained in Paragraph 21 of the Complaint and therefore denies each and every such allegation. 4 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 5 of 52 Case No.: 07-21221-civ-Altonaga/Brown 22. Hill's has insufficient knowledge or information to admit or deny the remaining allegations contained in Paragraph 22 of the Complaint and therefore denies each and every such allegation. 23. The allegations in Paragraph 23 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 23 of the Complaint and therefore denies each and every such allegation. 24. Hill's has insufficient knowledge or information to admit or deny the remaining allegations contained in Paragraph 24 of the Complaint and therefore denies each and every such allegation. 25. Hill's has insufficient knowledge or information to admit or deny the remaining allegations contained in Paragraph 25 of the Complaint and therefore denies each and every such allegation. 26. Hill's has insufficient knowledge or information to admit or deny the remaining allegations contained in Paragraph 26 of the Complaint and therefore denies each and every such allegation. 27. Hill's has insufficient knowledge or information to admit or deny the remaining allegations contained in Paragraph 27 of the Complaint and therefore denies each and every such allegation. 28. Hill's has insufficient knowledge or information to admit or deny the remaining allegations contained in Paragraph 28 of the Complaint and therefore denies each and every such allegation. 5 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 6 of 52 Case No.: 07-21221-civ-Altonaga/Brown 29. Hill's has insufficient knowledge or information to admit or deny the remaining allegations contained in Paragraph 29 of the Complaint and therefore denies each and every such allegation. 30. The allegations in Paragraph 30 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 30 of the Complaint and therefore denies each and every such allegation. 31. Hill's has insufficient knowledge or information to admit or deny the remaining allegations contained in Paragraph 31 of the Complaint and therefore denies each and every such allegation. 32. The allegations in Paragraph 32 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 32 of the Complaint and therefore denies each and every such allegation. 33. The allegations in Paragraph 33 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 33 of the Complaint and therefore denies each and every such allegation. 34. The allegations in Paragraph 34 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 34 of the Complaint and therefore denies each and every such allegation. 6 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 7 of 52 Case No.: 07-21221-civ-Altonaga/Brown 35. The allegations in Paragraph 35 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 35 of the Complaint and therefore denies each and every such allegation. 36. In response to the allegation in Paragraph 36, Hill's admits that it is a Delaware corporation with its principal place of business in Kansas. Hill's admits that it is in the business of manufacturing, marketing, and selling dog and cat food and treats for purchase. Hill's admits that it conducts business in Florida and markets pet food products sold throughout the United States, including Florida. Hill's admits that Hill's veterinary diets were originally established in the 1940's, and that in 1968 Hill's Science Diet� was made available through veterinarians and pet professionals. Hill's admits that Colgate-Palmolive Company purchased Hill's in 1976. Hill's admits that Science Diet� is now generally available at pet specialty retail stores. Hill's further admits that it has expended resources promoting its products and creating confidence in its products. Except as expressly admitted herein, Hill's denies each and every remaining allegation in Paragraph 36 of the Complaint. 37. The allegations in Paragraph 37 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 37 of the Complaint and therefore denies each and every such allegation. 38. The allegations in Paragraph 38 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 38 of the Complaint and therefore denies each and every such allegation. 7 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 8 of 52 Case No.: 07-21221-civ-Altonaga/Brown 39. The allegations in Paragraph 39 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 39 of the Complaint and therefore denies each and every such allegation. 40. The allegations in Paragraph 40 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 40 of the Complaint and therefore denies each and every such allegation. 41. The allegations in Paragraph 41 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 41 of the Complaint and therefore denies each and every such allegation. 42. The allegations in Paragraph 42 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 42 of the Complaint and therefore denies each and every such allegation. 43. The allegations in Paragraph 43 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny any other allegations contained in Paragraph 43 of the Complaint and therefore denies each and every such allegation, except that Hill's admits that the Menu Foods Defendants manufactured in the past certain Hill's products. 44. The allegations in Paragraph 44 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to 8 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 9 of 52 Case No.: 07-21221-civ-Altonaga/Brown admit or deny the allegations contained in Paragraph 44 of the Complaint and therefore denies each and every such allegation. 45. The allegations in Paragraph 45 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 45 of the Complaint and therefore denies each and every such allegation. 46. The allegations in Paragraph 46 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 46 of the Complaint and therefore denies each and every such allegation. 47. The allegations in Paragraph 47 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 47 of the Complaint and therefore denies each and every such allegation. 48. The allegations in Paragraph 48 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 48 of the Complaint and therefore denies each and every such allegation. 49. The allegations in Paragraph 49 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 49 of the Complaint and therefore denies each and every such allegation. 9 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 10 of 52 Case No.: 07-21221-civ-Altonaga/Brown 50. The allegations in Paragraph 50 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 50 of the Complaint and therefore denies each and every such allegation. 51. The allegations in Paragraph 51 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 51 of the Complaint and therefore denies each and every such allegation. 52. The allegations in Paragraph 52 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 52 of the Complaint and therefore denies each and every such allegation. 53. Hill's admits that Petsmart, Inc. markets and sells certain Hill's products. To the extent the remaining allegations in Paragraph 53 are directed at Hill's, Hill's denies each and every such allegation. Hill's has insufficient knowledge or information to admit or deny any other allegations contained in Paragraph 53 of the Complaint and therefore denies each and every such allegation. 54. Hill's admits that Pet Supermarket, Inc. markets and sells certain Hill's products. To the extent the remaining allegations in Paragraph 54 are directed at Hill's, Hill's denies each and every such allegation. Hill's has insufficient knowledge or information to admit or deny any other allegations contained in Paragraph 54 of the Complaint and therefore denies each and every such allegation. 10 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 11 of 52 Case No.: 07-21221-civ-Altonaga/Brown 55. Hill's admits that Petco Animal Supplies Stores, Inc. markets and sells certain Hill's products. To the extent the remaining allegations in Paragraph 55 are directed at Hill's, Hill's denies each and every such allegation. Hill's has insufficient knowledge or information to admit or deny any other allegations contained in Paragraph 55 of the Complaint and therefore denies each and every such allegation. 56. Hill's admits that Pet Supplies "Plus"/USA, Inc. markets and sells certain Hill's products. To the extent the remaining allegations in Paragraph 56 are directed at Hill's, Hill's denies each and every such allegation. Hill's has insufficient knowledge or information to admit or deny any other allegations contained in Paragraph 56 of the Complaint and therefore denies each and every such allegation. 57. Because the allegations contained in Paragraph 57 purport to state a legal conclusion, no response is required. To the extent a response is required, Hill's has insufficient knowledge to admit or deny the remaining allegations contained in Paragraph 57 of the Complaint and therefore denies each and every such allegation. 58. The allegations in Paragraph 58 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 58 of the Complaint and therefore denies each and every such allegation. 59. Because the allegations contained in Paragraph 59 purport to state a conclusion, no response is required. To the extent a response is required, Hill's denies any fact allegations, but admits that this Court has personal jurisdiction over Hill's. 60. Because the allegations contained in Paragraph 60 purport to state a legal conclusion, no response is required. To the extent a response is required, Hill's has insufficient 11 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 12 of 52 Case No.: 07-21221-civ-Altonaga/Brown knowledge or information otherwise to admit or deny the allegations contained in Paragraph 60 of the Complaint and therefore denies each and every such allegation, except that Hill's admits that it has marketed and sold products in this District. 61. To the extent that the allegations in Paragraph 61 are directed at Hill's, Hill's denies each and every such allegation, except that Hill's admits that the manufacturing, producing, selling and distributing of pet food and treats is a substantial industry in the United States. Hill's further admits that many of the companion cats and dogs in the United States are fed commercial pet food and that those companion cats and dogs using Hill's products derive nutritional content from those products. Hill's has insufficient knowledge or information to admit or deny the remaining allegations contained in Paragraph 61 of the Complaint and therefore denies each and every such allegation. 62. To the extent that the allegations in Paragraph 62 are directed at Hill's, Hill's denies each and every such allegation, except that Hill's admits that it has expended resources promoting its products and creating confidence in its products. Hill's has insufficient knowledge or information to form a belief as to the truth or falsity of any other allegations contained in Paragraph 62 of the Complaint and therefore denies each and every such allegation. 63. Hill's denies the allegations in Paragraph 63 of the Complaint to the extent that they are directed to Hill's, except that Hill's admits that it has business relationships with certain Pet Specialty Retailers and that Hill's and certain Pet Specialty Retailers market and sell certain Hill's products. Hill's has insufficient knowledge or information to form a belief as to the truth or falsity of any other allegations contained in Paragraph 63 of the Complaint and therefore denies each and every such allegation. 12 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 13 of 52 Case No.: 07-21221-civ-Altonaga/Brown 64. Hill's denies the allegations in Paragraph 64 of the Complaint to the extent that they are directed to Hill's, except that Hill's admits that it has veterinary and other experts who advise it on pet food nutrition and that it uses scientific research to benefit consumers' cats and dogs. Hill's has insufficient knowledge or information to form a belief as to the truth or falsity of any other allegations contained in Paragraph 64 of the Complaint and therefore denies each and every such allegation. 65. Hill's denies the allegations in Paragraph 65 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 65 of the Complaint and therefore denies each and every such allegation. 66. Hill's denies the allegations in Paragraph 66 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 66 of the Complaint and therefore denies each and every such allegation. 67. Hill's denies the allegations in Paragraph 67 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 67 of the Complaint and therefore denies each and every such allegation. 68. Hill's admits that it uses the term "Veterinarian Recommended" with respect to its products. Hill's further admits that it uses terms such as "real meat," "real chicken, "real lamb," "quality," and "premium" in its marketing in accordance with the Association of American Feed Control Officials ("AAFCO") rules and regulations. Hill's further admits that it claims certain benefits for dogs and/or cats in accordance with AAFCO rules and regulations. Hill's denies the 13 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 14 of 52 Case No.: 07-21221-civ-Altonaga/Brown remaining allegations in Paragraph 68 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of any other allegations contained in Paragraph 68 of the Complaint and therefore denies each and every such allegation. 69. Hill's denies the allegations in Paragraph 69 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 69 of the Complaint and therefore denies each and every such allegation. 70. Hill's denies the allegations in Paragraph 70 of the Complaint to the extent that they are directed to Hill's, except that Hill's admits that certain of its products are labeled "Science Diet�." Hill's has insufficient knowledge or information to form a belief as to the truth or falsity of any other allegations contained in Paragraph 70 of the Complaint and therefore denies each and every such allegation. 71. Hill's denies the allegations in Paragraph 71 of the Complaint to the extent that they are directed to Hill's, except that Hill's admits that the bags, pouches and cans of its product include statements in accordance with AAFCO rules and regulations. Hill's further admits that certain of its products' packaging and marketing materials bear the words "Superior Nutrition of Lifelong Health," "Strong Immune System," "Healthy Bones and Muscles," "Strong Clean Teeth and Fresh Breath," "Healthy Skin and Radiant Coat," "Overall Health and Vitality," "Easy to Digest," and "Total Nutrition Helps Your Pet Stay Healthy and Live Long." Hill's has insufficient knowledge or information to form a belief as to the truth or falsity of any other allegations contained in Paragraph 71 of the Complaint and therefore denies each and every such allegation. 14 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 15 of 52 Case No.: 07-21221-civ-Altonaga/Brown 72. To the extent that Paragraph 72 purports to quote a website, Hill's respectfully refers the Court to the actual website for its content. The allegations in Paragraph 72 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 72 of the Complaint and therefore denies each and every such allegation. 73. To the extent that Paragraph 73 purports to quote a commercial, Hill's The allegations in respectfully refers the Court to the actual commercial for its content. Paragraph 73 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 73 of the Complaint and therefore denies each and every such allegation. 74. To the extent that Paragraph 74 purports to quote a website, Hill's respectfully refers the Court to the actual website for its content. The allegations in Paragraph 74 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 74 of the Complaint and therefore denies each and every such allegation. 75. Hill's admits that IamsTM uses or has used the terms "veterinarian recommended" or "More vets recommend Iams than the leading grocery brand" in marketing certain of its pet foods. The allegations in Paragraph 75 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 75 of the Complaint and therefore denies each and every such allegation. 76. To the extent that Paragraph 76 purports to quote a website, Hill's respectfully refers the Court to the actual website for its content. The allegations in Paragraph 76 are not 15 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 16 of 52 Case No.: 07-21221-civ-Altonaga/Brown directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 76 of the Complaint and therefore denies each and every such allegation. 77. Hill's admits that it manufactures and markets Science Diet� brand pet food. Hill's admits that it displays on its website its Science Diet� logo and the words "Veterinarian Recommended." Hill's further admits that Exhibit 17 is or was part of Hill's website, and, to the extent that Paragraph 77 purports to quote a website, Hill's respectfully refers the Court to the actual website for the full content and context of the statements and depictions set forth therein. Hill's denies each and every remaining allegation contained in Paragraph 77 of the Complaint. 78. Hill's denies each and every allegation contained in Paragraph 78 of the Complaint, except that Hill's admits that it provides scholarships and certain stipends to veterinarian school students, provides its products to certain veterinarian school student organizations, and makes certain arrangements with veterinarians who wish to sell its products. 79. Hill's denies each and every allegation contained in Paragraph 79 of the Complaint, except that Hill's admits that one of the products is Science Diet� Light Adult. Hill's admits that Exhibit 18 depicts part of Hill's website. To the extent that Paragraph 79 purports to quote a website, Hill's respectfully refers the Court to the actual website for the full content and context of the statements and depictions set forth therein. 80. To the extent that Paragraph 80 purports to quote a document, Hill's respectfully refers the Court to the actual document for its content. The allegations in Paragraph 80 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 80 of the Complaint and therefore denies each and every such allegation. 16 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 17 of 52 Case No.: 07-21221-civ-Altonaga/Brown 81. To the extent that Paragraph 81 purports to quote a website, Hill's respectfully refers the Court to the actual website for its content. The allegations in Paragraph 81 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 81 of the Complaint and therefore denies each and every such allegation. 82. To the extent that Paragraph 82 purports to quote a website, Hill's respectfully refers the Court to the actual website for its content. The allegations in Paragraph 82 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 82 of the Complaint and therefore denies each and every such allegation. 83. To the extent that Paragraph 83 purports to quote a website, Hill's respectfully refers the Court to the actual website for its content. The allegations in Paragraph 83 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 83 of the Complaint and therefore denies each and every such allegation. 84. Hill's admits that certain of its products are marketed and sold by Petco. The remaining allegations in Paragraph 84 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 84 of the Complaint and therefore denies each and every such allegation. 85. Hill's admits that certain of its products are marketed and sold by Petco. To the extent that Paragraph 85 purports to quote certain signage, Hill's respectfully refers the Court to the actual signage for its content. Hill's denies the remaining allegations in Paragraph 85 of the 17 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 18 of 52 Case No.: 07-21221-civ-Altonaga/Brown Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of any other allegations contained in Paragraph 85 of the Complaint and therefore denies each and every such allegation. 86. Hill's admits that certain of its products are marketed and sold by Petsmart. To the extent that Paragraph 86 purports to quote certain signage, Hill's respectfully refers the Court to the actual signage for its content. Hill's denies the remaining allegations in Paragraph 86 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of any other allegations contained in Paragraph 86 of the Complaint and therefore denies each and every such allegation. 87. Hill's admits that certain of its products are marketed and sold by Pet Supermarket and Pet Supplies. To the extent that Paragraph 86 purports to quote certain signage, Hill's respectfully refers the Court to the actual signage for its content. Hill's denies the remaining allegations in Paragraph 87 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of any other allegations contained in Paragraph 87 of the Complaint and therefore denies each and every such allegation. 88. Hill's denies the allegations in Paragraph 88 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 88 of the Complaint and therefore denies each and every such allegation. 89. Hill's denies the allegations in Paragraph 89 of the Complaint to the extent that they are directed to Hill's, except that Hill's admits that in the past it marketed and sold a limited number of its pet foods that were manufactured and produced by Menu Foods. Hill's has 18 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 19 of 52 Case No.: 07-21221-civ-Altonaga/Brown insufficient knowledge or information to form a belief as to the truth or falsity of any other allegations contained in Paragraph 89 of the Complaint and therefore denies each and every such allegation. 90. Hill's denies the allegations in Paragraph 90 of the Complaint to the extent that they are directed to Hill's, except that Hill's admits that it has engaged in co-packing relationships with certain other companies whereby the co-packing company manufactures certain Hill's products in accordance with specifications provided by Hill's. Hill's has insufficient knowledge or information to form a belief as to the truth or falsity of any other allegations contained in Paragraph 90 of the Complaint and therefore denies each and every such allegation. 91. Hill's denies the allegations in Paragraph 91 of the Complaint to the extent that they are directed to Hill's, except that Hill's admits that certain of its products contain rendered materials as defined by AAFCO rules and regulations. Hill's has insufficient knowledge or information to form a belief as to the truth or falsity of any other allegations contained in Paragraph 91 of the Complaint and therefore denies each and every such allegation. 92. Hill's denies the allegations in Paragraph 92 of the Complaint to the extent that they are directed to Hill's, except that Hill's admits that certain ingredients of Hill's products include by-products as defined by AAFCO rules and regulations. Hill's has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 92 of the Complaint and therefore denies each and every such allegation. 93. Hill's denies the allegations in Paragraph 93 of the Complaint to the extent that they are directed to Hill's, except that Hill's admits that gluten is a protein source in certain food products and is the substance remaining when grain flour is washed to remove the starch. Hill's 19 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 20 of 52 Case No.: 07-21221-civ-Altonaga/Brown has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 93 of the Complaint and therefore denies each and every such allegation. 94. Hill's denies the allegations in Paragraph 94 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 94 of the Complaint and therefore denies each and every such allegation. 95. Hill's denies the allegations in Paragraph 95 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 95 of the Complaint and therefore denies each and every such allegation. 96. Hill's denies the allegations in Paragraph 96 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 96 of the Complaint and therefore denies each and every such allegation. 97. Hill's denies the allegations in Paragraph 97 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 97 of the Complaint and therefore denies each and every such allegation. 98. To the extent that Paragraph 98 purports to quote an article, Hill's respectfully refers the Court to the actual article for its content. Hill's denies the allegations in Paragraph 98 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or 20 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 21 of 52 Case No.: 07-21221-civ-Altonaga/Brown information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 98 of the Complaint and therefore denies each and every such allegation. 99. Hill's denies the allegations in Paragraph 99 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 99 of the Complaint and therefore denies each and every such allegation. 100. Hill's denies the allegations in Paragraph 100 of the Complaint to the extent that they are directed to Hill's, except that Hill's admits that certain preservatives may be added to ingredients and raw materials by suppliers or manufacturers and disclosed in accordance with AAFCO rules and regulations. To the extent that Paragraph 100 purports to recount the content of certain articles or websites, Hill's respectfully refers the Court to the actual article or website for their content. Hill's has insufficient knowledge or information to form a belief as to the truth or falsity of any other allegations contained in Paragraph 100 of the Complaint and therefore denies each and every such allegation. 101. Hill's denies the allegations in Paragraph 101 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 101 of the Complaint and therefore denies each and every such allegation. 102. Hill's denies the allegations in Paragraph 102 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 102 of the Complaint and therefore denies each and every such allegation. 21 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 22 of 52 Case No.: 07-21221-civ-Altonaga/Brown 103. Hill's denies the allegations in Paragraph 103 of the Complaint to the extent that they are directed to Hill's, except that Hill's admits that certain Hill's products were part of the Menu Food recall described in the final bullet of Paragraph 103, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 103 of the Complaint and therefore denies each and every such allegation. 104. Hill's denies the allegations in Paragraph 104 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 104 of the Complaint and therefore denies each and every such allegation. 105. Hill's denies the allegations in Paragraph 105 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 105 of the Complaint and therefore denies each and every such allegation. 106. Hill's denies the allegations in Paragraph 106 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 106 of the Complaint and therefore denies each and every such allegation. 107. Hill's denies the allegations in Paragraph 107 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 107 of the Complaint and therefore denies each and every such allegation. 108. Hill's denies the allegations in Paragraph 108 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to 22 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 23 of 52 Case No.: 07-21221-civ-Altonaga/Brown the truth or falsity of the remaining allegations contained in Paragraph 108 of the Complaint and therefore denies each and every such allegation. 109. Hill's denies the allegations in Paragraph 109 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 109 of the Complaint and therefore denies each and every such allegation. 110. Hill's denies the allegations in Paragraph 110 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 110 of the Complaint and therefore denies each and every such allegation, except that Hill's admits that it is a member of certain trade associations, including the Pet Food Institute ("PFI") and the American Pet Products Manufacturing Association. Hill's further admits that PFI personnel have served on AAFCO committees and that PFI has attended Congressional hearings, has participated in investigations with state and federal officials, and has worked with the FDA regarding issues related to pet food. 111. Hill's admits that Plaintiffs are purporting to bring a class action. To the extent the allegations contained in Paragraph 111 of the Complaint purport to state a legal conclusion, no response is required. Hill's denies that class treatment is appropriate and denies each and every remaining allegation in Paragraph 111 of the Complaint. 112. Hill's admits that Plaintiffs are purporting to bring a class action and are seeking injunctive relief. To the extent the allegations contained in Paragraph 112 of the Complaint purport to state a legal conclusion, no response is required. Hill's denies that class treatment is 23 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 24 of 52 Case No.: 07-21221-civ-Altonaga/Brown appropriate and denies each and every remaining allegation contained in Paragraph 112 of the Complaint. 113. Hill's admits that there are tens of millions of companion dogs and cats in the United States. Hill's further admits that many of the companion cats and dogs in the United States are fed commercial pet food and that it manufactures and markets pet food. To the extent that Paragraph 113 purports to recount the content of a 2007-2008 survey from the American Pet Products Manufacturers Association, Hill's respectfully refers the Court to the actual survey for its content. To the extent the allegations contained in Paragraph 113 of the Complaint purport to state a legal conclusion, no response is required. Hill's denies the remaining allegations in Paragraph 113 of the Complaint. 114. To the extent the allegations contained in Paragraph 114 of the Complaint purport Hill's denies that class treatment is to state a legal conclusion, no response is required. appropriate and denies each and every remaining allegation in Paragraph 114 of the Complaint. 115. To the extent the allegations contained in Paragraph 115 of the Complaint purport Hill's denies that class treatment is to state a legal conclusion, no response is required. appropriate and denies each and every remaining allegation in Paragraph 115 of the Complaint. 116. To the extent the allegations contained in Paragraph 116 of the Complaint purport Hill's denies that class treatment is to state a legal conclusion, no response is required. appropriate and denies each and every remaining allegation in Paragraph 116 of the Complaint. . 117. To the extent the allegations contained in Paragraph 117 of the Complaint purport Hill's denies that class treatment is to state a legal conclusion, no response is required. appropriate and denies each and every remaining allegation in Paragraph 117 of the Complaint. 24 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 25 of 52 Case No.: 07-21221-civ-Altonaga/Brown 118. To the extent the allegations contained in Paragraph 118 of the Complaint purport Hill's denies that class treatment is to state a legal conclusion, no response is required. appropriate and denies each and every remaining allegation in Paragraph 118 of the Complaint. 119. Hill's admits that Plaintiffs are purporting to bring a class action. Hill's denies that class treatment is appropriate and denies each and every remaining allegation in Paragraph 119 of the Complaint. 120. To the extent the allegations contained in Paragraph 120 of the Complaint purport Hill's denies that class treatment is to state a legal conclusion, no response is required. appropriate and denies each and every remaining allegation in Paragraph 120 of the Complaint. 121. To the extent the allegations contained in Paragraph 121 of the Complaint purport Hill's denies that class treatment is to state a legal conclusion, no response is required. appropriate and denies each and every remaining allegation in Paragraph 121 of the Complaint. 122. To the extent the allegations contained in Paragraph 122 of the Complaint purport Hill's denies that class treatment is to state a legal conclusion, no response is required. appropriate and denies each and every remaining allegation in Paragraph 122 of the Complaint. 123. To the extent the allegations contained in Paragraph 123 of the Complaint purport Hill's denies that class treatment is to state a legal conclusion, no response is required. appropriate and denies each and every remaining allegation in Paragraph 123 of the Complaint. 124. To the extent the allegations contained in Paragraph 124 of the Complaint purport Hill's denies that class treatment is to state a legal conclusion, no response is required. appropriate and denies each and every remaining allegation in Paragraph 124 of the Complaint. 25 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 26 of 52 Case No.: 07-21221-civ-Altonaga/Brown 125. To the extent the allegations contained in Paragraph 125 of the Complaint purport Hill's denies that class treatment is to state a legal conclusion, no response is required. appropriate and denies each and every remaining allegation in Paragraph 125 of the Complaint. COUNT I 126. Hill's incorporates by reference each of its above responses to Paragraphs 1 through 125 as if fully restated herein. 127. Hill's admits that it was engaged in the business of manufacturing, marketing and Hill's denies the remaining selling pet food in the United States during the class period. allegations in Paragraph 127 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of any other allegations contained in Paragraph 127 of the Complaint and therefore denies each and every such allegation. 128. The allegations in Paragraph 128 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 128 of the Complaint and therefore denies each and every such allegation. 129. Hill's denies the allegations in Paragraph 129 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 129 of the Complaint and therefore denies each and every such allegation. 130. Hill's denies the allegations in Paragraph 130 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to 26 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 27 of 52 Case No.: 07-21221-civ-Altonaga/Brown the truth or falsity of the remaining allegations contained in Paragraph 130 of the Complaint and therefore denies each and every such allegation. 131. Hill's denies the allegations in Paragraph 131 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 131 of the Complaint and therefore denies each and every such allegation. 132. The allegations in Paragraph 132 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 132 of the Complaint and therefore denies each and every such allegation. 133. Hill's denies the allegations in Paragraph 133 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 133 of the Complaint and therefore denies each and every such allegation. 134. Hill's denies the allegations in Paragraph 134 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 134 of the Complaint and therefore denies each and every such allegation. COUNT II 135. Hill's incorporates by reference each of its above responses to Paragraphs 1 through 125 as if fully restated herein. 136. Hill's admits that it was engaged in the business of manufacturing, marketing and selling pet food in the United States during the class period. Hill's denies the remaining 27 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 28 of 52 Case No.: 07-21221-civ-Altonaga/Brown allegations in Paragraph 136 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of any other allegations contained in Paragraph 136 of the Complaint and therefore denies each and every such allegation. 137. Hill's admits the certain Pet Specialty Retailers marketed and sold certain of Hill's products. The remaining allegations in Paragraph 137 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 137 of the Complaint and therefore denies each and every such allegation. 138. Hill's denies the allegations in Paragraph 138 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 138 of the Complaint and therefore denies each and every such allegation. 139. Hill's denies the allegations in Paragraph 139 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 139 of the Complaint and therefore denies each and every such allegation. 140. Hill's denies the allegations in Paragraph 140 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 140 of the Complaint and therefore denies each and every such allegation. 141. Hill's denies the allegations in Paragraph 141 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to 28 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 29 of 52 Case No.: 07-21221-civ-Altonaga/Brown the truth or falsity of the remaining allegations contained in Paragraph 141 of the Complaint and therefore denies each and every such allegation. 142. The allegations in Paragraph 142 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 142 of the Complaint and therefore denies each and every such allegation. 143. Hill's denies the allegations in Paragraph 143 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 143 of the Complaint and therefore denies each and every such allegation. COUNT III 144. Hill's incorporates by reference each of its above responses to Paragraphs 1 through 125 as if fully restated herein. 145. Hill's admits that it was engaged in the business of manufacturing, marketing and Hill's denies the remaining selling pet food in the United States during the class period. allegations in Paragraph 145 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of any other allegations contained in Paragraph 145 of the Complaint and therefore denies each and every such allegation. 146. Hill's admits the certain Pet Specialty Retailers marketed and sold certain of Hill's products. The remaining allegations in Paragraph 146 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or 29 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 30 of 52 Case No.: 07-21221-civ-Altonaga/Brown information to admit or deny the allegations contained in Paragraph 146 of the Complaint and therefore denies each and every such allegation. 147. Hill's admits that Plaintiffs purport to be stating a cause of action for a violation of Florida's Deceptive and Unfair Trade Practices Act, Florida Statute � 501.201 et seq. Hill's denies that such a violation occurred and denies each and every remaining allegation contained in Paragraph 147 of the Complaint. 148. Hill's denies the allegations in Paragraph 148 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 148 of the Complaint and therefore denies each and every such allegation. 149. To the extent the allegations contained in Paragraph 149 of the Complaint purport to state a legal conclusion, no response is required. Hill's has insufficient knowledge to admit or deny the remaining allegations contained in Paragraph 149 of the Complaint and therefore denies each and every such allegation. 150. To the extent the allegations contained in Paragraph 150 of the Complaint purport to state a legal conclusion, no response is required. Hill's denies the remaining allegations in Paragraph 150 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of any other allegations contained in Paragraph 150 of the Complaint and therefore denies each and every such allegation. 151. To the extent the allegations contained in Paragraph 151 of the Complaint purport to state a legal conclusion, no response is required. Hill's denies the allegations in Paragraph 151 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge 30 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 31 of 52 Case No.: 07-21221-civ-Altonaga/Brown or information to form a belief as to the truth or falsity of any other allegations contained in Paragraph 151 of the Complaint and therefore denies each and every such allegation. 152. To the extent the allegations contained in Paragraph 152 of the Complaint purport to state a legal conclusion, no response is required. Hill's denies the allegations in Paragraph 152 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of any other allegations contained in Paragraph 152 of the Complaint and therefore denies each and every such allegation. 153. Hill's has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 153 of the Complaint and therefore denies each and every such allegation. 154. Hill's denies the allegations in Paragraph 154 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 154 of the Complaint and therefore denies each and every such allegation. COUNT IV 155. Hill's incorporates by reference each of its above responses to Paragraphs 1 through 125 as if fully restated herein. 156. Hill's admits that it was engaged in the business of manufacturing, marketing and Hill's denies the remaining selling pet food in the United States during the class period. allegations in Paragraph 156 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of any other allegations contained in Paragraph 156 of the Complaint and therefore denies each and every such allegation. 31 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 32 of 52 Case No.: 07-21221-civ-Altonaga/Brown 157. Hill's denies the allegations in Paragraph 157 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 157 of the Complaint and therefore denies each and every such allegation. 158. Hill's denies the allegations in Paragraph 158 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 158 of the Complaint and therefore denies each and every such allegation. 159. Hill's denies the allegations in Paragraph 159 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 159 of the Complaint and therefore denies each and every such allegation. 160. Hill's denies the allegations in Paragraph 160 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 160 of the Complaint and therefore denies each and every such allegation. 161. Hill's denies the allegations in Paragraph 161 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 161 of the Complaint and therefore denies each and every such allegation. COUNT V 162. Hill's incorporates by reference each of its above responses to Paragraphs 1 through 125 as if fully restated herein. 32 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 33 of 52 Case No.: 07-21221-civ-Altonaga/Brown 163. Hill's has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 157 of the Complaint and therefore denies each and every such allegation. 164. Hill's denies the allegations in Paragraph 164 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 164 of the Complaint and therefore denies each and every such allegation. 165. Hill's denies the allegations in Paragraph 165 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as to the truth or falsity of the remaining allegations contained in Paragraph 165 of the Complaint and therefore denies each and every such allegation. COUNT VI 166. Hill's incorporates by reference each of its above responses to Paragraphs 1 through 125 as if fully restated herein. 167. The allegations in Paragraph 167 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 167 of the Complaint and therefore denies each and every such allegation. 168. Hill's admits the certain Pet Specialty Retailers marketed and sold certain of Hill's products. The remaining allegations in Paragraph 168 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 168 of the Complaint and therefore denies each and every such allegation. 33 13260625.1 Case 1:07-cv-21221-CMA Document 370 Entered on FLSD Docket 05/12/2008 Page 34 of 52 Case No.: 07-21221-civ-Altonaga/Brown 169. The allegations in Paragraph 169 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 169 of the Complaint and therefore denies each and every such allegation. 170. The allegations in Paragraph 170 are not directed to Hill's. To the extent that a response from Hill's is deemed necessary, Hill's has insufficient knowledge or information to admit or deny the allegations contained in Paragraph 170 of the Complaint and therefore denies each and every such allegation. 171. Hill's denies the allegations in Paragraph 171 of the Complaint to the extent that they are directed to Hill's, and has insufficient knowledge or information to form a belief as t

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