UPDATE 6/2/2014: Nestle Purina and Waggin’ Train have agreed to settle three class action lawsuits alleging their jerky treats made in China have caused pets to get sick and/or die. The companies have agreed to create a $6.5 million settlement fund to compensate Class Members who believe their pets were harmed by the jerky treats. Click here for more information: http://www.topclassactions.
A class action lawsuit claims Chinese-made treats sold by Del Monte subsidiary Milo’s Kitchen kill dogs and make them sick.
The Milo’s Kitchen class action lawsuit was filed by dog-owner Lisa Mazur, who says her healthy 7-year-old dog, Riley Rae, suffered kidney failure and had to be euthanized after being fed Milo’s Kitchen Chicken Jerky Dog Treats. Mazur claims the only change in Riley Rae’s diet was during January 2012 when she fed the Chicken Jerky Dog Treats to her dog “on occasion.” On February 1, Riley Ray became ill and was taken to the vet, where she was diagnosed with kidney failure. Riley Rae was administered intravenous fluids for four days without improvement, forcing Mazur to euthanize her on February 5.
Mazur says she was unaware the Milo’s Kitchen chicken jerky dog treats made in China were included in a November 18, 2011 warning about dog illnesses associated with chicken jerky dog treats made in China.
“Defendants’ packaging did not warn of any dangers from feeding its content to dogs… [and] the warning is downplayed” on the Milo’s Kitchen website, the class action lawsuit says.
“Defendants knew that there was a substantial risk of death or harm associated with their dog treats. No reasonable person would feed dog treats to their dogs knowing that there was a substantial risk of death or illness from doing so,” the Milo’s Kitchen class action lawsuit continues. “Plaintiff, and other consumers, did not learn of the FDA warning, until after their dogs had consumed the treated and either became ill or passed away.
“Defendants intentionally concealed known facts concerning the safety of their dog treats in order to increase or maintain sales.”
This is not the first dog treat manufacturer to be hit with a class action lawsuit by a pet owner whose dog died after eating Chinese-made chicken jerky dog treats. A grieving pet owner filed a $5 million class action lawsuit against the makers of Waggin’ Train “Yam Good” dog treats in April 2012 after his 9-year-old Pomeranian became sick and died of kidney failure 11 days after eating the treats.
Mazur is seeking compensatory damages and punitive damages for a proposed class of all persons in the U.S. (except Louisiana and Puerto Rico) who purchased any dog treat product containing chicken jerky manufactured or sold by Del Monte or Milo’s Kitchen and containing chicken imported from China, within the past four years. She is alleging common law fraud, unjust enrichment, negligence, product liability, unfair trade, breach of warranty, failure to warn and defective manufacture or design.
A copy of the Milo’s Kitchen Chinese-Made “Chicken Jerky Dog Treats” Class Action Lawsuit can be read here.
The case is Lisa Mazur v. Milo’s Kitchen, LLC; Del Monte Corp., et al., Case No. 12-cv-01011, U.S. District Court, Western District of Pennsylvania.
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