Updated 12/21/10 – Part of the Settlement has been thrown out by the Federal Appeals Court. Details on it are here. Attorneys for the Plaintiffs and Defense are working diligently to resolve this new issue quickly. We will post updates in the News Section and here as the case continues.


Updated 2/22/10 – Appeals have since been filed by two separate objectors contesting final approval of the Settlement, and these appeals will postpone the payment of claims. No payments may be made on eligible claims until all appeals are resolved. THE APPEALS HAVE BEEN FULLY BRIEFED, A HEARING WAS HELD ON FEBRUARY 22, 2010 AND WE NOW AWAIT THE DECISION OF THE APPELLATE COURT. It is uncertain how long these appeals will take to resolve, and the timing of resolving the appeals is not within the control of the parties or their counsel. It is not uncommon for appeals to take several months or even years to resolve.

Check out the Settlement Administrator Website

for more information.

We’re sorry! This settlement is CLOSED!

No more submissions are allowed.

Please join the Top Class Actions Newsletter

list so you don’t miss out next time and head

over to the OPEN SETTLEMENTS section

to see what’s available!


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Companies: Menu Food; Nestlé Purina PetCare Company; The Iams Company; Del Monte Foods Co.; Mars, Incorporated; Nutro Products, Inc.; Royal Canin Canada Company; Royal Canin U.S.A., Inc.; ChemNutra, Inc. and ChemNutra LLC; PETCO Animal Supplies, Inc.; PETCO ; Animal Supplies Stores, Inc.; PetSmart, Inc.; and PetSmart Charities, Inc.; Target Corp.; Wal-Mart Stores, Inc.; PetSmart Charities of Canada, Inc.; Costco Wholesale
Corporation; Costco Wholesale Canada, Ltd.; Pet Valu Canada, Inc.; and Pet Valu, Inc.; Hill’s Pet Nutrition, Inc.; Loblaw Companies Limited; and Loblaws, Inc.; The Scoular Company; Wilbur-Ellis Company; Kroger Co.; and Kroger Supermarkets, Inc.;


Website Link to access the Class Action Lawsuit Settlement and get YOUR Stake: http://www.petfoodsettlement.com/


Address to submit paper claim:


Download the form here and submit to

Claims Administrator
c/o Heffler, Radetich & Saitta L.L.P
P.O. Box 890
Philadelphia, PA 19105-0890

Fax: 215-320-2004


Phone Number for Assistance: 1-800-392-7785


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Details: Fill out a separate claim form for each pet you’re making a claim on and snail mail, fax or email it in.


Purchased From: On or after March 16th, 2007


Claims Accepted Until (YOU MUST SUBMIT YOUR CLAIM BY THIS DATE!): Submitted/Postmarked by 11/24/08


Class Action Lawsuit Settlement Amount(s): $24,000,000 minus $6,000,000 to U.S. attorneys and $1,500,000 to Canadian counsel = $16,500,00 available to claimants


TCA Staff Tidbit: Well it was flabbergasting to read through the list of defendants on this lawsuit. It’s a who’s who of leading retailers and pet food vendors. It’s nice to see they’re traying to take care of their customers who purchased the contaminated pet food. Were you worried that your pet ate the contaminated food and took them to the vet to get them checked out? If you did so, and they were thankfully healthy, you’re still eligible to make a claim. Approximately $400,000 of the settlement fund is to cover the Veterinarian visits where no problems were found. Please. $250,000 of the fund is to cover refunding claimants the cost of the food purchased. 100% of documented veterinary expenses for sick animals are covered under the settlement even if the worst happened and your pet had to be put to sleep. The fund includes covering the replacement cost of a pet who died due to eating the contaminated food. Be prepared to provide AKC papers if you’re claiming hundreds or thousands of dollars in compensation to replace a purebred pet. Without the documentation, you’ll be switching to the undocumented claims group and only be eligible for $900 in expenses after everyone else is paid out. In addition, they are only paying the diagnostic and treatment expenses which are a direct result of the contaminated food. MAKE SURE TO SUBMIT YOUR CLAIM! Those who had sick animals are first in line to claim their share of the settlement. After all of those claimants have been paid out, then those who make undocumented claims will be paid. Claims of up to $900 will be accepted without any documentation required. Keep in mind two things. First you are giving them approval to call your Vet and confirm that you actually had a sick pet. If you’re lying about expenses incurred you will lose any right to any money from the settlement fund, even if part of your claim is true, and could prosecuted for Perjury. Second, all excess funds that don’t get claimed are going to charity. Please make sure you’re only submitting valid claims. Examples of undocumented claims would be expenses incurred by calling in sick to take care of your pet, gas to drive to the vet or carpet that had to be replaced or cleaned due to a sick animal. This is definitely a heart wrenching lawsuit settlement. We here at TopClassActions.com express our deepest sympathies to those who had beloved pets affected by the contaminated food.


An interesting note, and one we don’t see often, is that the defendants have the right to opt out of the settlement if 2,000 or more class members (consumers whose pets ate the contaminated food) opt out of the settlement in favor in individually pursuing the pet food companies.


Charities that will receive any part of the settlement fund which isn’t claimed. It will be distributed as a % of the claimants received from each region. For example, if 90% of the claimants are from the U.S. and 10% from Canada, then 90% of the excess will be split among the US charities, and 10% will be split among the Canadian charities. Please don’t submit false claims, each organization below could use every penny that’s left over from the settlement fund.


U.S. Charities
Delta Society
North Shore Animal League


Canadian Charities
Quebec – Rescue Quebec
British Columbia – British Columbia Society for the Prevention of Cruelty to Animals
Alberta – Alberta Society for the Prevention of Cruelty to Animals
Saskatchewan – Saskatchewan Society for the Prevention of Cruelty to Animals
Ontario – Ontario Society for the Prevention of Cruelty to Animals
Nova Scotia – The Society for the Prevention of Cruelty to Animals
New Brunswick – The New Brunswick Society for the Prevention of Cruelty to Animals
Newfoundland – The Society for the Prevention of Cruelty to Animals (Newfoundland and
Manitoba – D’arcy’s Animal Rescue Centre
Prince Edward Island – PEI: Atlantic Veterinary College at the University of Prince Edward


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This site provides information about the law and class action lawsuit settlements designed to help users safely cope with their own legal needs. Legal information is NOT the same as legal advice – the application of law to an individual’s specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation. You should consider all postings or writings at TopClassActions.com by staff or others as personal opinion only and NOT the advice of a lawyer. TopClassActions.com Legal Statement


©2008 Top Class Actions® LLC


  • Anonymous January 26, 2010

    Menu Foods Contaminated Pet Food Class Action Lawsuit Settlement
    ]I lost 2 beloved cats from this cat food. I spent over $1000.00 trying to save one of them. I didn’t know the other was sick until I came in the Kitchen and she was lying on the floor and before I could even get her to the vet, she died. I cannot believe we have not had any money from this settlement. I live on SS and that was the last savings I had. Now I live from day to day and worry, not to mention the heartache from losing my cats. I had one of them for 16 years and she was a beautiful seal point persian. The other was a solid white Persian, I had him for 2 years, and he was the sweetest cat you could ever imagine. I am a widow, these babies were my family!:'(]

  • Anonymous April 2, 2010

    Menu Foods Contaminated Pet Food Class Action Lawsuit Settlement
    To All,
    I am so sorry for the loss of your furry friends-as well as the heartache of seeing your pet to me my babies-suffer, due to menu foods. Some didn’t even get any time with there pets for they passed quickly from eating the contaminated food.
    I lost my boy Finnie McGee…I was lucky that he lived 2 extra years-and he was really happy-or i wouldn’t have put him through daily iv’s although he would purr-i miss him so much-he was such a trooper he died in bed with me He never got upset or angry-he was such a good boy. This breaks my heart.
    i spent aprox 3000 to keep him alive-worth every penny-but, Menu Foods should be punished and we should be receiving all the money we had to spend to keep our babies alive (those of us lucky enough to get that extra time)-as well as punitive damages-i am so sorry and send healing and love. To Finnie McGee i love you and miss you-thank you for all the joy you gave me-love your mommy.
    With respect to all-

  • Anonymous April 7, 2010

    Menu Foods Contaminated Pet Food Class Action Lawsuit Settlement
    My cat was only 14 months old and was diagnosed with renal disease (kidney failure) in 2007 from the contaminated pet food from Menu Foods. I spent $2500 to save her life. Because she was young she did not die right away. She had to be put on a prescription diet with no treats as her kidneys could not handle protein. She lived for 3 years with this disease and now this year she is back at the vet. I have spent another $1500 to save her life to no prevail. She is at the vet now, the vet just called and my girl is dying from the kidney failure menu foods caused. I am going up there after work heartbroken and crying. I can’t stop crying that I am losing my baby girl. She is a part of our family. I submitted a claim to menu foods and have not heard anything! I hope that my girl ” Lilo” gets the justice she deserves. She is too young to die. :'(

  • Anonymous April 13, 2010

    Menu Foods Contaminated Pet Food Class Action Lawsuit Settlement
    this is horrible.i lost my dog also.it’s not about the money-but some of us used our savings up trying to save our beloved pets’ lives.doesn’t anyone care?the dannon yogurt people will probably get faster and better results than us.our crime was trying to care for our pets responsibly by giving them what we thought was a healthy diet.this is horrible.i have another dog who i love dearly now-and my worst fear is this will happen again.we need a u-haul to fix this problem!

  • Anonymous July 11, 2010

    Menu Foods Contaminated Pet Food Class Action Lawsuit Settlement
    PART 1 What is REALLY going on with this case? I am a named plaintiff and I was abandoned by my lawyer Katherine Odenbreit, they don’t return calls and about a two years ago the secretary told me the case was settled and over with and that packets were mailed. Clearly this is still going on.

  • Anonymous July 11, 2010

    Menu Foods Contaminated Pet Food Class Action Lawsuit Settlement
    PART 2Can I write a letter of OBJECTION to the white elephant no one will address? My cat of 14 years was healthy until she was killed by these poison packets as illustrated in my complaint. These numerous deaths of pets prompted this recall, we paid the price and had no way to protect ourselves and our pets until the recall came about, YET I remember reading a document that states animals killed just prior to the recall were excluded!! This would include my cat! I was one of the first people to obtain a lawyer and documented my case well, am a named plaintiff, but technically am EXCLUDED! I object to this!
    If anyone can give me information as to what is going on with this is would be greatly appreciated. Please explain to me if I can/should write letters of objection.

  • Anonymous July 18, 2010

    Menu Foods Contaminated Pet Food Class Action Lawsuit Settlement
    Its all a scam… we will never see justice over this ..
    Lawyers and menu foods are together on this…

  • Anonymous October 26, 2010

    Menu Foods Contaminated Pet Food Class Action Lawsuit Settlement
    We spent almost $ 700 in vet bills, but our vet saved our cat, after she ate poison food from Walmart. We had to put the vet bill on a credit card, and pay it off slowly. That was what seemed like years ago, and we still do not have our vet bills paid back to us. I would like 5 minutes with the objectors to the settlement to understand why they derailed the process for so many people that not only may have lost their pets, and/or had huge vet bills to pay. Totally inconsiderate.

  • Anonymous November 4, 2010

    Menu Foods Contaminated Pet Food Class Action Lawsuit Settlement
    :-(why the wait its been 3 years my dog Buster was a good dog it shouldnt of happened he ate olroy wet dog food and i had another dog squiggles he ate it to but buster was the one that got sick his kidneys wouldnt work right he had to wear pants so he wouldnt pee all over the house if only the others would understand my vet bills cost me lots of money to keep my dog at the stage he is in now i dont buy anyones dog food now i buy chicken and cook it everyday for my dogs :-(

  • Anonymous March 13, 2011

    Menu Foods Contaminated Pet Food Class Action Lawsuit Settlement
    i had a 7 yr old dachshund who had eaten some contaminated nutro dog food . within 3 days she was put down. it cost almost $2000. to try and keep her alive. i think its terrible that we will never see a dime of this lawsuit. it will stay in appeals for ever.

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