A Sleepy Hollow veterinarian cancer specialist is asking federal court in White Plains to quash a subpoena from a pet products company that is seeking records about endorsements of a competitor’s products.
Dr. Susan Ettinger Heuter argues in a May 29 motion letter that Wuffes pet health products is seeking information about her relationship with Nutramax Laboratories Inc. that has no bearing on a lawsuit that the pet product companies are prosecuting in Atlanta federal court.
“The irrelevance of the requested materials, alone, constitutes sufficient grounds to quash the subpoena,” her attorney argues.
Ettinger is the author of The Dog Cancer Survival Guide and maintains a speaking, video blogging and social media presence to raise awareness about cancer in dogs and cats. She practices at Guardian Veterinary Specialists in Brewster, Putnam County.
Nutramax, of Lancaster, South Carolina, and Wuffes, of Cheyenne, Wyoming make competing health supplements for pets.
In 2024, Nutramax accused Wuffes of false advertising over claims that Wuffes’ joint health supplements are recommended and approved by veterinarians and are the number one joint supplements for dogs.
Wuffes filed counterclaims accusing Nutramax of the same conduct, and subpoenaed Ettinger for “documents related to her endorsements of Nutramax’s products.”
Wuffes is demanding 17 categories of materials spanning six years that Ettinger says have no bearing on the claims or defenses in the Atlanta case. “The burden on Dr. Ettinger to locate and collect extremely broad categories of documents over a six-year period is burdensome in and of itself, but particularly given the irrelevance of the materials sought,” the motion to quash states.
Wuffes submitted a letter to U.S. District Judge Kenneth M. Karas, in White Plains, on June 5, stating that the requested records are relevant to its defense in the Atlanta case because Nutramax also claims that its products are “vet recommended.”
Wuffes’ attorney also noted that Ettinger is represented by the same law firm that represents Nutramax in the Atlanta case. The motion to quash the subpoena, according to Wuffes, “is nothing more than Nutramax seeking to conceal discovery.”
