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Napoli Bern Ripka, LLP Blog

Products Liability

7/28/2008
Oguz Ozdemir
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Pet Food Recall: Products Liability Class Action Settlement

If you, a family member, or friend recently bought pet food and or treat products after March 16, 2007, that your pet consumed, you might be legible to join the class action product liability suit. The settlement known as, Pet Food Products Liability Litigation, MDL Docket No. 1850, Civil Action No. 07-2867, is with persons that distributed, handled, purchased for resale, supplied, manufactured, sold, or offered for sale. This includes pet food and or treat products for pets that may have contained contaminated wheat gluten or rice protein concentrate. These products were recalled beginning in March 2007, and any company or person who has sold these products after the recall is liable for the consequences.

The settlement is viable in both the United States and Canada and includes pet food brand such as: Feline Classic, Giant Companion, Hill’s Country Fare, Iams, Master Choice, NutriPlan, Paws, Pet Pride, Wegmans, Natural Balance, Dollar General, Jerky Treats, Hannaford, ALPO, Pet Life and many more (for a complete listing of recalled products click here). Manufacturers that have been cited include the following: American Nutrition, Chenago Valley Pet Food, Menu Foods, American Nutrition, Del Monte, Diamond Pet Food, Nestle-Purina, Royal Canin, Sierra Pet Products, and Sunshine Mills.

After the recall was established in March of 2007, these companies still distributed and sold the left over products to the public. This poor behavior on behalf of the pet food companies resulted in contamination of their products that was resold after they knew the recall existed. People who purchased the pet food and or whose pet consumed the recalled pet food products were damaged and that some pets were taken for screening, or may have became sick and may have died. The pet food companies that sold the recalled products agreed to create a twenty-four million dollar cash settlement fund. Eligible consumers and or pet owners may receive a cash payment for up to 100% of all documented economic damages they incurred related to their purchase of or their pet's consumption of the recalled products. Economic damage means the expenses you incurred related to your purchase or your pet's consumption of the Recalled Pet Food Products, including Veterinary bills, medication expenses, and other expenses such as lost wages and property damage.

Besides recovering economic damages incurred related to the purchase of recalled products causing their pets harm with the proper documentation, consumers may also be able to receive up to $900 per pet who don’t have proper documentation. Consumers will have to complete a claim and give specific information about their economic damages.

This settlement is open to both United States and Canadian residents; however there are different timelines that are being established. Products Liability cases can be hard to prove due to the fact that manufacturers must only show that "ordinary care under the circumstances" was applied to avoid liability for negligence. It is here where an experience team of lawyers can help you can determine how you can proceed with your case. Napoli Bern Ripka has the experience in finding the evidence necessary to show the contrary

For more information on the Pet Food Recall click here

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