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The Independent UK
The Independent UK
National
Jennifer Peltz

PETA has lawsuit tossed by judge against American Kennel Club over breeding standards

A lawsuit initiated by the animal rights group PETA, targeting the health standards of popular dog breeds such as French bulldogs, has been dismissed by a New York judge. The court determined that the state law invoked by PETA was misapplied to the case.

Filed last year, the legal challenge marked a new phase in People for the Ethical Treatment of Animals' long-standing campaign against dog breeders.

PETA accused the American Kennel Club (AKC), the nation's oldest purebred dog registry, of promoting "unhealthy standards" for French bulldogs — the country's most prevalent breed by the AKC's count — alongside bulldogs, Chinese shar-peis, dachshunds, and pugs. The AKC had previously refuted these allegations, stating its priority is canine health.

Following the dismissal, PETA announced on Tuesday that its lawyers were assessing all available legal avenues. Ingrid Newkirk, PETA's founder, issued a statement asserting: "Money-grubbing dog merchants flood the market with deformed dogs bred at the AKC’s direction."

Dogs Popular Breeds (Copyright 2023 The Associated Press. All rights reserved.)

She urged the public to adopt dogs from shelters instead of purchasing purebred animals, adding: "No dog should be custom-made for a look that causes pain." The AKC offered no immediate comment.

A Dachshund arriving on the first day of the Crufts Dog Show (Jacob King/PA) (PA Wire)

State Judge David B. Cohen, in a decision filed Monday, clarified that the New York law in question is typically used to challenge state and local government decisions. While it can occasionally apply to private organizations, these are generally entities that hold some authority over the plaintiffs, such as union leadership or co-op apartment boards.

Since PETA is not subject to the kennel club's authority, Judge Cohen concluded the case "must be dismissed," without offering an opinion on the dog health issues at the core of the dispute.

The lawsuit had focused on canine ailments linked to specific breed characteristics. These included problems associated with flat faces, common in bulldogs, pugs, and French bulldogs, and issues stemming from the short legs and long backs of dachshunds. Shar-peis were also highlighted for their susceptibility to "shar-pei autoinflammatory disease," which involves bouts of fever and inflammation. While these problems are not universal, they can be serious.

The AKC maintains that its breed standards, which are developed by enthusiasts and reviewed by the club, reflect "decades of collaboration with veterinary experts and breeders." The organization also noted its substantial financial contributions, exceeding \$40 million since 1995, to its canine health research charity.

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