Class action alleges Purina’s Beneful harmful, deadly to dogs

A California man has filed a class action lawsuit against Nestle Purina Petcare Co., alleging unsafe petfood manufacturing and distribution. The suit was filed February 4, 2015.

The plaintiff, Frank Lucido claims that Purina’s Beneful dog food injured his three dogs. He claims Purina added propylene glycol, an automotive antifreeze component, to Beneful. Lucido says two of his dogs suffered and one of his dogs died after ingesting Beneful beginning January 15, 2015.
The class action claims that the defendants have received more than 3,000 online complaints about their food making dogs sick throughout the past four years. In some cases, the dogs reportedly suffered internal bleeding, weight loss, dehydration and other symptoms. The suit alleges negligence, misrepresentation, product liability and unfair business practices. The plaintiff is seeking more than $5 million in damages, plus costs and fees.

China petfood manufacturers want fair treatment of products in US

After Petco and other US petfood retailers began to remove Chinese products from their stores, China’s petfood exporters have called for objective and fair treatment of its products.

In January, Petco said it had removed all Chinese-made dog and cat treats from its website and stores because of concerns over pet illnesses. In May, Petco and PetSmart said they want to ban the treats.
In response, the Pet Food Articles Inspection and Quarantine Branch of China Entry and Exit Inspection and Quarantine Association said that "there is no direct evidence of a correlation between the pet snacks manufactured in China and the disease and death of pets in USA."
"De-shelving with no reason will result in trade losses of the importers/exporters of the two countries and cause a misunderstanding by US consumers about pet snacks manufactured in China," the association said in a statement provided to China Daily.
The association said most Chinese enterprises do OEM for US brands, and raw, auxiliary materials and production technology are in accordance with the requests of US importers. The group says many Chinese petfood companies have been affected by the move.
"We wish the US retailers to treat pet snacks manufactured in China objectively and fairly, and US consumers not be misguided by groundless suspicions," it added.

Food Sentry: FDA should test jerky treat ingredients for contamination

Food Sentry, a global food monitoring service, said it may understand why the US Food and Drug Administration (FDA) has yet to figure out why dogs are becoming ill from chicken jerky treats. While the FDA has posted more than 280 test results, that testing has all been conducted on the finished jerky treat products, rather than on any of the treats' ingredients.

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"In the Beijing/Tianjin/Hebei/Shandong region alone there are more than 350,000 chicken farms that supply chicken product manufacturers in the region," said Food Sentry Chief Operating Officer and Analyst Scott Witt. "This is relevant because this highly industrialized area is significantly contaminated with dozens of industrial byproducts."
Witt, who helped develop a system for the FDA that predicts the likelihood of contamination of imported food, used the leather-making industry to illustrate his point. "One of the dirtiest industries in terms of contamination is the tanning industry," he said. "One of the many contaminants in the tanning process is chromium, which leaves a residue on the tanned product. Leather scrap is left over after the manufacturing process and, because it is relatively high in protein, it is often hydrolyzed and sold as a protein feed product." Witt identified hexavalent chromium as having the potential to build up in the chickens if they eat the contaminated feed. That toxin could then get passed on to the dogs, which, over time, may potentially get sick and die as a result.
The FDA needs to "get to the beginning of the product's life and look deeply," according to Witt.

Petco to stop sales of China-made dog and cat treats

Petco will stop carrying China-made dog and cat treats at its more than 1,300 store locations nationwide, including Unleashed by Petco stores and online at Petco.com, by the end of 2014.

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"We know some pet parents are wary of dog and cat treats made in China, especially chicken jerky products, and we've heard their concerns," said Jim Myers, Petco CEO. "As a leader in the industry and the trusted partner for our pet parents, we're eager to make this transition and to expand our assortment of safe and healthy treats, the majority of which are made right here in the US. Very simply, we feel this decision is in the best interest of the pets we all love and, ultimately, for our business."
Since 2007, the US Food and Drug Administration (FDA) has periodically cautioned consumers about a potential link between reported illnesses in dogs and the consumption of jerky products made in China. However, the FDA has been unable to identify a direct link between the reported illnesses and the China-made treats, and has not recommended a recall of jerky products. 
"We've been following the FDA warnings and related customer concerns closely, and we've been actively reducing our China-made assortment and expanding our American-made offerings for several years now," said Myers. "We know the FDA hasn't yet identified a direct cause for the reported illnesses, but we decided the uncertainty of the situation outweighs the lack of actual proof. It has taken some time and careful thought to get to this point, but we're proud to make the change and we believe our customers will be pleased with it as well."
The final stage of the transition will begin in September and is expected to be complete by the end of 2014, marking the end of a multi-year process in which Petco has been working with vendors and suppliers to offer more safe and healthy alternatives to treats made in China. 
Pet parents looking for alternatives to China-made dog or cat treats will find a broad selection of USA-made products at Petco. The company also carries a number of safe and long lasting treats and chews from other regions of the world on its shelves, including New Zealand, Australia and South America.

China pet jerky treats now linked to three human illnesses

Pet jerky treats, mostly imported from China, are now linked to three human illnesses in addition to the more than 1,000 dog deaths and 4,800 dog illnesses reported, according to reports.

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Unfortunately, the US Food and Drug Administration (FDA) said it still can't identify a specific cause for the illnesses and deaths, in spite of seven years of testing and investigation. “The agency continues to caution pet owners that jerky treats are not required for a balanced diet and encourage them to consult with their veterinarians, both prior to feeding treats and if they notice symptoms in their pets,” said FDA.
The humans who consumed the treats included two toddlers who ingested them accidentally and an adult who may have been snacking on the questionable products, which include chicken, duck or sweet potato jerky treats, an FDA official said. One of the children was diagnosed with a Salmonella infection, and the other developed gastrointestinal illness and fever that mirrored the symptoms of dogs in the house that also ate the treats. The adult reported nausea and headache.
About 60% of the cases (which overall include 5,600 dogs and 24 cats) involve symptoms of gastrointestinal trouble and liver disease, 30% involve kidney disease and about 10% involve other complaints, including neurological and skin conditions, said the FDA. About 15% of the kidney or urinary cases also tested positive for Fanconi syndrome, a rare disease that has been associated with the treats. The FDA plans to join with the Centers for Disease Control and Prevention to launch a study similar to epidemiological traceback investigations used with people, comparing foods eaten by sick dogs with foods eaten by pets that did not get sick.

Diamond Pet Food reaches class action settlement

A settlement has been reached in a class action lawsuit alleging Diamond Pet Foods manufactured and distributed certain petfood products that allegedly led to illness and death in some animals that consumed them. The lawsuit was first filed in 2012 by a customer who claimed the company's dog food caused one of her dogs to die and another to become ill.

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There are three subclasses of class members:

• Subclass I includes consumers who purchased certain petfood products in 2011 and 2012. Diamond Pet Foods will create a settlement fund limited to a maximum of US$750,000 to pay claims from those who purchased the petfood. Members of this subclass who submit a valid claim form will receive either payment up to a maximum value of two bags of petfood per pet; or a pro rata share of the net proceeds of the settlement fund for this subclass not to exceed the actual or estimated purchase price of up to two bags of the petfood per pet.
• Subclass II members who submit a valid claim form will receive a full reimbursement of the actual cost of veterinarian testing, care and/or treatment. The defendants will create a settlement fund limited to a total maximum of US$1.25 million to pay claims from this subclass.
• Subclass III members who submit valid claim forms shall receive one or more coupons with a face value of US$2. A maximum of 50,000 coupons will be distributed.
All class members must submit a valid form by July 11, 2014, and a final hearing will be held on September 15, 2014.

Jerky treat pet deaths still under investigation

The US Food and Drug Administration (FDA) is still investigating the illnesses and deaths of several hundred dogs that began in 2007 and are suspected to be the result of contaminated chicken jerky pet treats manufactured in China.

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The FDA continues to seek leads from veterinarians and pet owners-roughly 1,500 reports have some in since an appeal for information in the fall of 2013. "We are frustrated," said Martine Hartogensis, who oversees the FDA's ongoing investigation. "It's been a long, winding, twisting road . . . [But] we haven't given up." 
The FDA says it has tested more than 1,200 jerky treats, looking for Salmonella, mold, pesticides, toxic metals, outlawed antibiotics, nephrotoxins and other contaminants. Federal officials have inspected factories in China that manufacture chicken jerky products for U.S. companies and sought input from academics, state and university research labs, foreign governments and the petfood industry. In spite of all that, the cause of the illnesses has not yet been found.
According to the FDA, the illnesses overwhelmingly affect dogs but some cats have also been made ill. The majority of complaints involve chicken jerky but also include treats in which chicken or duck jerky is wrapped around dried fruit, sweet potatoes or yams. Officials said there's no clear pattern based on breed or geography-pets have been sickened in every state, as well as in countries such as Australia-and the problems don't seem specific to any particular brand or manufacturer.
The FDA said it is determined to find answers. "They want to solve it more than anything," said Hartogensis. "I'm confident we'll get there. It's a really complicated issue, but we've got a lot of great people working on it. And I think we're getting closer."

Nestle Purina to reintroduce Waggin' Train dog treats

Nestlé Purina has announced plans to reintroduce its Waggin' Train dog jerky treats in February, along with a sister brand. The product was pulled from production in 2013 on concerns about possible linked pet deaths and a resulting government investigation, but the US Food and Drug Administration (FDA) has no conclusive findings on the link between the China-made chicken treats and pet illnesses.

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Pending federal lawsuits against Nestlé Purina (and competitor Del Monte Corp.) from customers who say the companies' treats did their pets harm, along with lingering concerns overall, may make Waggin' Train's revival difficult. But Nestlé Purina maintains that their treats have always been safe for pets. "It was always safe to feed, and we are very confident with these products," said Nina Leigh Krueger, president of Waggin' Train. "We definitely believe in this brand, and we feel like there is good growth potential for the company."
Waggin' Train now contracts with a single-source, U.S.-based supplier for raw materials at a newly built facility in China and has its own in-house inspectors on site, according to Nestlé Purina's Vice President of Manufacturing Bill Cooper. "We certainly had very stringent testing prior to the withdrawal, but we've enhanced that," Cooper said. "We've also met with the FDA on several occasions to go through our testing," said Cooper. "We are confident the quality controls are better than anyone else's manufacturing jerky treats."
The company said it's bringing Waggin' Train back due to consumer demand. The product lineup has been pared down from about 30 products to its current offerings: Chicken Jerky Tenders made in China, and two U.S.-made products, Jerky Duos and Smoky Jerky Snacks.

Facebook group warning pet owners not to buy jerky treats from China

A Facebook group called Animal Parents Against Pet Treats and Food Made in China is warning pet owners about jerky treats from China that are under investigation by the US Food and Drug Administration.
The group is attaching warnings to packages of these treats in stores that read: "Beware! FDA investigates pet treats from CHINA. Thousands of complaints filed. Hundreds of deaths reported."
As of September 24, more than 3,600 dogs and 10 cats have reportedly become ill and 580 of these died from eating jerky treats, most of which came from China, said Linda Tollefson, associate commissioner for FDA's Office of Foods and Veterinary Medicine. However, FDA has been unable to isolate a contaminant so a recall for the treats has not been issued. 

Del Monte, Milo's Kitchen chicken jerky treat claims can't be dismissed, judge rules

Petfood maker Del Monte may not dismiss claims that its Milo's Kitchen brand of chicken jerky treats made in China poisoned and killed dogs, according to a federal judge.
 Lisa Mazur filed a federal class-action suit against Del Monte and Milo's Kitchen in Pittsburgh, Pennsylvania, USA, in 2012. Mazur claimed that her healthy 7-year-old dog, Riley Rae, suffered kidney failure and had to be euthanized after occasionally eating the jerky treats for about a month. She is seeking punitive damages for the class for common law fraud, unjust enrichment, negligence, product liability, unfair trade, breach of warranty, failure to warn and defective manufacture or design.
"Defendants intentionally concealed known facts concerning the safety of their dog treats in order to increase or maintain sales," Mazur said in the complaint.
US District Judge Jeffrey White agreed in April to transfer two other Northern California cases to Pittsburgh, where Mazur's case is pending.
Del Monte and Milo's moved to dismiss in September 2012, and US Magistrate Judge Maureen Kelly recommended that only the unjust enrichment claim be dismissed. Mazur's claims "appear sufficient to permit the inference that a defect exists in Milo's chicken jerky treats and that the defect is the most likely explanation for the illness suffered by plaintiff's dog by eliminating other reasonable causes," Judge Kelly wrote.
Kelly found the claims under Pennsylvania's Unfair Trade Practices and Consumer Protection Law are "more than sufficient to place defendants on notice of the precise misconduct with which they are charged" and added that the allegations "more than adequately set forth losses suffered by plaintiff and the putative class members that are distinct from the disappointed expectations evolving solely from the purchase of defendants' products; they clearly articulate property damage in the form of harm to their pets."
However, the judge dismissed the claim of unjust enrichment, writing: "Here, it is apparent from plaintiff's allegations in the complaint that, while she is dissatisfied with the chicken jerky treats, she nevertheless purchased, received and used the product. It therefore cannot be said that the benefit bestowed on defendants in the form of a profit from the sale was 'wrongly secured.'"
US District Judge Cathy Bissoon adopted Kelly's recommendation on June 25.

China responds to chicken jerky dog treat complaints

The Chinese government has responded to complaints about chicken jerky treats imported from that country that have been linked to dog illnesses in the US and have been the subject of recent investigations by the US Food and Drug Administration.
Congressman Jerry McNerney wrote a letter to the Chinese government about the chicken jerky treats, asking the government to "consider halting production of these chicken jerky treats until the FDA can determine whether or not the products contain tainted material."
In response, the Chinese government wrote, "From the perspective of the Chinese side, there might be something wrong with the FDA's investigation guidance." According to a report, the letter also warned not to influence public opinion and "to clear the name of Chinese pet food and eliminate the negative impact thereof on Chinese pet food trade and bilateral relationship." 

European Commission regulation limits melamine in pet food

After recent reports of wet pet food containing melamine levels in excess of the 2.5 mg/kg legal limit, the European Commission created a Regulation to amend Annex 1 to Directive 2002/32/EC, which sets the legal maximum level of melamine in animal feed.
Although the legal limit of melamine in canned pet food will remain at 2.5 mg/kg, a footnote has been added to state that this is on an “as sold” basis rather than a 12 percent moisture basis.
Once passed by the European Parliament, the Regulation to amend Annex 1 to Directive 2002/32/EC will be published in the Official Journal. The Regulation will then be enforced on the 20th day after publication, which is expected in early 2013.

Chicken jerky treats linked to deaths of 360 dogs, 1 cat

FDA recommends owners eliminate feeding jerky treat products from China with more than 2,200 claims of illnesses or deaths

Over the past 18 months, federal health officials have said claims of illnesses linked to chicken jerky treats imported from China have now reached more than 2,200, including reports that at least 360 dogs and one cat have reportedly died after eating the treats.
The Food and Drug Administration recommended pet owners avoid the jerky products entirely. “FDA is reminding pet owners that jerky pet treats are not necessary for pets to have a fully balanced diet, so eliminating them will not harm pets,” agency officials said in an online report.
FDA also said it will begin testing the treats to see whether irradiation of the products may have contributed to the reported treat-related symptoms, ranging from diarrhea and vomiting to kidney failure, Fanconi syndrome and death. US regulations allow petfood, including pet treats, to be irradiated up to a maximum of 50 kiloGrays to provide microbial disinfection or elimination of other pathogens.
However, repeated tests conducted at FDA laboratories, at the agency's Veterinary Response Laboratory Network and by other labs have failed to detect any microbiological, chemical or other contaminants in high enough levels to cause the symptoms in the pets. “To date, none of the testing results have revealed an association between a causative agent and the reported illnesses,” FDA said.

Senator leads initiative for FDA petfood product advisories

In the wake of recent US Food and Drug Administration investigations into dog illnesses linked to jerky treats imported from China, Sen. Barbara Boxer of California, USA, is leading a new initiative to reform the way consumers are notified when FDA issues a product advisory.
Currently, FDA's website is the only place where product advisories are listed, which puts those consumers without access to the Internet or computers at risk as they are less likely to receive an online warning. Chambers' proposal asks legislators to create a law whereby any products under FDA advisory must have the warning also posted on store shelves where they are sold.
Other members of congress have also criticized FDA for its investigation of the jerky treats as well, including both Rep. Dennis Kucinich and Sen. Sherrod Brown. After auditing FDA, the Department of Health and Human Services issued the following statement relating to the investigation into the treats:
“FDA has developed procedures for monitoring recalls and assessing a firm’s recall effectiveness. However, FDA did not always follow its procedures in overseeing three of the five recalls that we reviewed. Furthermore, FDA’s procedures were not always adequate for monitoring large recalls. FDA’s lack of authority, coupled with its sometimes lax adherence to its recall guidance and internal procedures and the inadequacy of some of those procedures, limited FDA’s ability to ensure that contaminated petfood was promptly removed from retailers’ shelves.” 

President Obama's dog depicted in new campaign against pet food from China

Food & Water Watch, a group that lobbies for stricter food-import laws, has launched a campaign criticizing the safety of food and pet food imported from China, which the group hopes will attract attention with the help of a new poster figure.
A recent article from Food & Water Watch features President Obama's dog, Bo Obama, in a photo in front of the White House, with the caption: “Is the First Dog being fed risky chicken treats from China? The president owes Bo and all of us finalized food safety rules to protect our health.”
The group criticizes the administration because it says there are currently no regulations on the safety of petfood imported from China, despite US Food and Drug Administration warnings about chicken jerky treats. Meanwhile, the group says the amount of food coming from China that is fed to US pets has increased by 85-fold from 2003 to 2011.
“China should not be allowed to export any food — for humans or pets — to the US until it gets its food safety act together,” Food & Water Watch says in the article.

FDA inspection at Diamond Pet Foods plant helps pet owner lawsuits

A US Food and Drug Administration inspection at Diamond Pet Foods' production plant found numerous health violations after a series of earlier petfood recalls for Salmonella contamination, which one expert says will be used to help support lawsuits against the company.
The inspection, conducted six days after the first of eight recalls by Diamond Pet Foods, found violations at the Gaston, South Carolina, USA, facility such as failure to clean and maintain equipment and a lack of contaminant screenings on raw ingredients.
According to Benjamin England, founder of consulting firm FDAImports.com, the inspection's findings do not help Diamond, which is being sued in three separate cases by human victims and pet owners. England says that if Diamond's plant was in compliance with Food and Drug Administration rules, the company would appear less at-fault. Instead, England says the inspection's findings will be used against the pet food manufacturer as the lawsuits specifically cite the inspection report as evidence of negligence and breach of warranty. "It looks to me as though there's a relationship between the violations at the facility and the adverse situations the company is facing now," England said. "You can't predict when an outbreak or recall might happen, but you can eliminate a lot of risk through compliance."
England says the administration's inspection report will be used as evidence to help plaintiffs win higher settlements, and may also be used to search for prior inspection reports for further evidence or noncompliance. England said he would be "shocked if Diamond didn't settle on all fronts."
Pointing to the lawsuits against Diamond Pet Foods, England warns pet food manufacturers: "Don't make the mistake of thinking this happens to the other guy. It happens to whom it happens to, and it could be your company. One unfortunate event can bring the entire weight of the federal government to bear upon your door."

Cats potentially at risk after Diamond Pet Foods dog food recall

After recalling one batch of Diamond Naturals dry dog food on April 6 for possible Salmonella contamination, Diamond Pet Foods and other brands manufactured at its plant have expanded the recall on numerous occasions, Diamond endured a week-long inspection of its Gaston, South Carolina, USA, by the US Food and Drug Administration, which found various safety issues, and most recently acknowledged that cats are also at risk.
According to a recent article, Diamond Pet Foods has done little to call special attention to the expansion of its dry dog food recalls to include a cat food that was also manufactured at the plant.
There is no specific information on which brands and batches of cat food may be affected by the recalls, though consumers may check the cat food bag's product code to find where it was made.
Recently, the Calgary Herald in Alberta, Canada, reported that two cats in a Montreal animal shelter died and another is ill after eating Diamond Pet Foods products. Also in Quebec, another person has been reported with a case of Salmonella, bringing the total number of cases to 16 in the United States and Canada caused by handling the petfood, the article says.
“The investigation is open and pending so we are limited in the information we can release to the public,” Food and Drug Administration spokeswoman, Laura Alvey, wrote via e-mail. "Diamond voluntarily shut down their facility to clean (including the two lines where the contaminated product was made) and to implement additional procedures.”

Nestle Purina, Walmart sued by pet owner over chicken jerky dog treats

Nestle Purina Petcare Co. is being sued by a man from Chicago, Illinois, USA, who claims his dog died from eating the petfood manufacturer's Waggin’ Train dog treats. 
According to a complaint filed in a Chicago federal court, Dennis Adkins says his 9-year-old Pomeranian became sick and died of kidney failure as a result of eating Waggin' Train's "Yam Good" chicken-wrapped treats. 
“Waggin’ Train has spent millions of dollars in promoting trust and confidence among consumers in its pet food products,” Adkins says in the complaint. “The product was not wholesome, was not nutritious and was unhealthy.” 
Adkins' complaint says that he purchased the treats on March 11 and fed one per day, in pieces, for three days, beginning March 13. He says he made no other changes to the dog's diet, but that the dog became ill on March 15 and died of kidney failure on March 26. Adkins also says in the complaint that his other 9-year-old Pomeranian did not consume the treats and did not become ill. 
According to an emailed statement from Nestle Purina, the company feels the Waggin' Train treats are "safe to feed as directed."
"We believe the claims made in the suit to be without merit and intend to vigorously defend ourselves,” Nestle says.
Additionally, Adkins is suing Walmart, where he bought the treats, for compensatory and punitive damages, alleging the companies breached warranties that guaranteed the treats were suitable for consumption.  
“At Walmart, we’re committed to providing our customers and their pets with safe and affordable food,” says Greg Rossiter, a Walmart spokesman. Rossiter says that all of the company’s petfood suppliers are required to comply with all applicable government safety regulations, and says the company is aware of the chicken jerky product concerns and is in contact with the Food and Drug Administration. 
Adkins is also asking the court to recognize a class of plaintiffs made up of consumers who bought Nestle or Waggin’ Train- brand dog treats containing chicken imported from China within the past four years and a sub-class of those who made the purchases from Walmart.
“Thousands of persons purchased the dog treats at issue, and hundreds of dogs died as a result,” says Adkins.

Woman launches Change.org campaign against China chicken jerky dog treats

An Ohio, USA, woman launched a petition campaign on Change.org calling for the recall of Nestle Purina's Waggin' Train dog treats, claiming her Fox Terrier died after consuming the chicken jerky treats made in China. 
Terry Safranek's campaign on Change.org was launched after a Food and Drug Administration representative picked up a sample of the treats from her house for its ongoing investigation. So far, more than 600 cases of sickness and death in dogs linked to the chicken jerky treats have been reported to the administration. 
Safranek said: “Waggin' Train Wholesome Chicken Jerky treats were the last thing Sampson ate before he fell ill. I've since learned we're part of a known epidemic of hundreds of cases of illness and death attributed to these and other chicken jerky treats made in China. Nestle Purina needs to protect other families from what I went through by taking these treats off the shelves until they're proven safe.
“Nestle Purina has refused all accountability, instead placing blame on people like me who have lost their companions. If Nestle’s treats are safe, as they repeatedly claim, death and illness would never have been the end result for so many,” she said.

Pet owner unhappy with melamine-tainted petfood lawsuit settlement

A woman whose cat died from eating tainted pet food is unhappy with the settlement pet owners received compared to the compensation lawyers received in a class-action lawsuit related to the 2007 melamine-tainted petfood imported from China, NBC reported.
Kathy Forcier's cat, who died from eating "Special Kitty" food purchased at Walmart, was one of as many as 50,000 dogs and cats sickened or killed by the 2007 melamine-tainted petfood incident, in which as many as 150 pet foods produced by Menu Foods were recalled. Forcier was part of a class-action lawsuit with more than 24,000 people against Menu Foods that settled for US$24 million. Yet, she says she received a settlement check for US$58.76, about half of the cost of her cat's vet bills, while attorneys in the case received US$7.4 million. "It was an absolute insult," said Forcier.  The lead law firm in the case, Wexler Wallace of Chicago, would not disclose a breakdown of payouts or the number of checks that were mailed to claimants in California, USA, where Forcier lives. "Every claimant has the right to expect privacy with respect to their individual claims and I am going to respect that," said attorney Kenneth Wexler, who handled the case. "The range of recovery is not relevant."  "He didn't lose a pet," said Forcier. "He didn't lose a member of his family."