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EFTA01381272

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Form S-I Table of Contrail poultry by-product meals, artificial preservatives or corn and we deny that any of our grain-free products contain grains. We also assert that Nestle Purina's statements falsely imply that our products are not made in the United States and arc subject to quality control issues. We allege that Nestle Purina's conduct as described in this lawsuit is aimed at destroying the reputation and goodwill of the 13LUE brand and may induce consumers to make purchasing decisions based on Nestle Purina's false and misleading representations about the composition and sourcing of BLUE products. Our complaint in this lawsuit seeks, among other things, a preliminary and permanent injunction prohibiting Nestle Purina from disseminating such false information. as well as damages (including punitive damages). restitution and disgorgement of all profits attributable to their false and deceptive advertising. On June 4, 2014, this lawsuit was consolidated with the Nestle Purina lawsuit. We have since amended our pleading to name as additional defendants the two advertising and public relations agencies that assisted Nestle Purina with its advertising campaign. In the course of pretrial discovery in the consolidate) Nestle Purina lawsuit, beginning in September 2014 documents and information were revealed that indicate that a facility owned by a major supplier of ingredients to the pet food industry, including Blue Buffalo. for a period of time, had mislabeled as "chicken meal- or "turkey meal' ingredients that contained other poultry-based ingredients that were inappropriate for inclusion in "chicken meal" or "turkey meal- under industry standards, and it appears that this mislabeling was deliberate. This conduct was undertaken by the supplier without our knowledge. and we have since retaced purchasing ingredients from this supplier. This supplier was one of our primary sources of chicken meal and turkey meal. As a result of the supplier's conduct,

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