Diamond Pet Foods Recall Class Action Settlement

A settlement has been reached in a class action lawsuit alleging Schell & Kampeter Inc. d/b/a Diamond Pet Foods, Diamond Pet Food Processors of South Carolina LLC and Costco Wholesale Corp. manufactured and distributed certain pet food products that led to illness and death of some animals that consumed them. If you purchased certain product placed by Diamond Pet Foods and Costco Wholesale into the stream of commerce in 2011 and 2012, you could be entitled to benefits from the Diamond pet food recall class action settlement.

UPDATE: Class Members report that they have begun receiving settlement checks. 

Who’s Eligible

Class Members of the Diamond Pet Foods class action settlement include consumers who purchased certain pet food products in 2011 and 2012. The affected products include:

Apex Chicken and Rice Dog
Canidae Dog Dry Dog Food, All Life Stages
Canidae Dog Dry Dog Food, Chicken Meal & Rice
Canidae Dog Dry Dog Food, Lamb Meal & Rice
Canidae Dog Dry Dog Food, Canidae Platinum
Chicken Soup for the Pet Lover’s Soul
Country Value
Diamond
Diamond Naturals
Diamond Naturals Small Breed Adult Dog Lamb & Rice Formula
Kirkland Signature Super Premium Adult Dog Lamb, Rice & Vegetable Formula
Kirkland Signature Super Premium Adult Dog Chicken, Rice & Vegetable Formula
Kirkland Signature Super Premium Mature Dog Chicken, Rice & Egg Formulas
Kirkland Signature Super Premium Healthy Weight Dog Formulated with Chicken & Vegetables
Kirkland Signature Nature’s Domain Salmon Meal & Sweet Potato Formula for Dogs
Natural Balance Sweet Potato & Venison Dog
Natural Balance Sweet Potato & Venison Dog
Natural Balance Sweet Potato & Venison Dog
Natural Balance Lamb Meal & Brown Rice Dog
Natural Balance Sweet Potato & Bison Dog
Natural Balance Sweet Potato & Bison Dog
Natural Balance Vegetarian Dog
Natural Balance Lamb Meal & Brown Rice Dog Large Breed Bites
Natural Balance Lamb Meal & Brown Rice Dog Small Breed Bites
Premium Edge
Professional
4Health
Solid Gold WolfKing Large Breed Adult Dog Food
Solid Gold WolfCub Large Breed Puppy Food
Taste of the Wild
Wellness Complete Health Super5Mix Large Breed Puppy

The Diamond Pet Foods Settlement includes the following three subclasses:

Subclass I: Individuals who: (1) purchased but never used a recalled pet product, never fed his/her pet or animal the recalled product, and the class member discarded or retained the product, did not return the product to the dealer or otherwise exchanged the product; or (2) purchased and used a recalled pet product that caused economic damages detailed in Subclass II.

Subclass II: Individuals who, in addition to having purchased or used a recalled pet food product, sustained economic damages as a result of injury or death to animals from their consumption of a recalled product.

Subclass III: Individuals who purchased pet food products subject to the recalls and fully utilized the products with no resultant ill effects.

Potential Award

Subclass I:

The defendants will create a settlement fund limited to a maximum of $750,000 to pay claims from Subclass I. Members of this subclass who submit a valid Claim Form will receive one of the following:

• Payment up to a maximum value of two bags of pet food 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 pet food per pet if the settlement fund is exhausted, if the total amount claimed by the eligible Subclass I Members exceeds the funds available.
• If applicable, Subclass I Members can request reimbursement of the cost of veterinary care and/or the fair market value of the pet as set forth in Subclass II (subject to the submission of proof required for Subclass II).

No documentation is required to submit a claim for Subclass I.

Subclass II:

The defendants will create a settlement fund limited to a total maximum of $1.25 million to pay claims from Subclass II. Members of this Subclass who submit a valid Claim Form will receive one of the following:

• A full reimbursement of the actual cost of veterinarian testing, care, and/or treatment. The defendants will not be required to reimburse for any portion of the veterinary bill that is unrelated to suspected or actual salmonella illness. Subclass II Members will only reimbursed for those veterinary or related charges deemed reasonable, necessary, and typical within the Class Member’s community.
• If the settlement fund is exhausted, Subclass II Members will receive a pro rata share of the net proceeds of the settlement fund.
• If applicable, Subclass II Members can request reimbursement of the purchase price of the product as set forth in Subclass I, subject to the submission of proof required for Subclass I.

If death of a pet or animal is claimed, a Class Member submitting a valid claim shall receive:

• The fair market value of the pet, or, if the settlement fund is exhausted, a pro rata share of the market value of the pet; and
• If applicable, relief for veterinary care of the pet.
• If applicable, Subclass II Members can request reimbursement of the purchase price of the product as set forth in Subclass I (subject to the submission of proof required for Subclass I).

Class Members submitting claims for Subclass II must provide documentation of veterinary testing, care and/or treatment.

Subclass III:

The defendants will provide relief in the form of coupons to pay claims for Subclass III. Class Members who submit valid Claim Forms shall receive one or more coupons with a face value of $2. A maximum of 50,000 coupons will be distributed.

No documentation is required to submit a claim for Subclass III.

Proof of Purchase

Proof of purchase is not required. However, Class Members who purchased a recalled pet food product and are seeking economic damages as a result of injury or death to their animals must submit proof of their expenses to claim compensation from the Diamond pet food recall class action settlement.

Claim Form

Claim Form Deadline

7/11/2014

Case Name

Marciano v. Schell & Kampeter Inc. d/b/a Diamond Pet Foods, et al., Case No. 2:12-cv-02708, in the U.S. District Court for the Eastern District of New York.

Case Summary

The Diamond pet food recall class action lawsuit alleges that the defendants manufactured and distributed certain pet food products that led to illness and death of some animals that consumed them, and in doing so breached their warranties, were negligent, were strictly liable, violated state statutes prohibiting unfair or deceptive trade practices, and/or were liable under other theories.

The defendants deny any wrongdoing but have agreed to a class action lawsuit settlement to avoid the expense and uncertainty of trial.

Final Hearing

9/15/2014

Settlement Website

www.DiamondPetFoodsSettlement.com

Claims Administrator

Diamond Pet Foods Settlement
c/o Gilardi & Co. LLC
P.O. Box 8060
San Rafael, CA 94912-8060
1-877-284-5091

Class Counsel

Mario Alba Jr., Esq.
ROBBINS GELLER RUDMAN & DOWD LLP

Defense Counsel

Gerard Benvenuto, Esq.
TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP