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A New York judge dismissed a lawsuit filed by People for the Ethical Treatment of Animals, or PETA, challenging the American Kennel Club’s breed “standards” for French bulldogs and several other popular breeds, according to a decision filed last week. The judge concluded that a New York law PETA invoked was misapplied in the case because PETA is not within the authority the law is meant to cover. The dismissal did not resolve the dog-health issues that PETA said were at the heart of its complaint.
PETA’s lawsuit, filed last year, marked what the group described as a further front in its long-running campaign against dog breeders. In the case, PETA accused the AKC of promulgating unhealthy “standards,” or ideals, for French bulldogs—described in the lawsuit as the nation’s most prevalent breed by the AKC—as well as bulldogs, Chinese shar-peis, dachshunds and pugs. The AKC rejected the claims and said it prioritizes canine health.
Judge David B. Cohen dismissed the case in a decision filed Monday, and he wrote that the suit “must be dismissed” because PETA is not subject to the kennel club’s authority. Cohen said the New York law PETA relied on is generally used to challenge government decisions, though it can be applied to private organizations in certain contexts—such as complaints by union members against leadership, or lawsuits by co-op apartment residents against a building’s board.
The judge said he would not opine on the dog health issues that PETA had raised. Those issues, as described in court, centered on ailments associated with certain physical traits common in the breeds at issue—particularly flat faces in bulldogs, pugs and Frenchies, and short legs and long backs in dachshunds. The suit also pointed to shar-peis’ risk of fever and inflammation linked to “shar-pei autoinflammatory disease.”
The American Kennel Club’s president, Gina DiNardo, hailed the dismissal in a statement Tuesday. She said the organization “remain[s] focused on what matters most, the preservation of purebred dogs, advocating for all dogs and the people who care for them, and supporting the right of individuals and families to choose the dog that is right for their household.”
PETA, also known as People for the Ethical Treatment of Animals, said in response that its lawyers were assessing possible next steps. Founder Ingrid Newkirk criticized the AKC’s role in what she described as harmful breeding practices, saying in a statement that “Money-grubbing dog merchants flood the market with deformed dogs bred at the AKC’s direction.” Newkirk urged potential dog owners to adopt from shelters rather than buy purebred puppies, saying, “No dog should be custom-made for a look that causes pain.”
PETA had asked the court to order the AKC to stop using the breed “standards” it said contribute to serious ailments. The AKC countered that the standards—developed by dog fanciers and reviewed and circulated by the kennel club—reflect “decades of collaboration with veterinary experts and breeders,” and it said it has provided more than $40 million since 1995 to its canine health research charity.