Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
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.Â
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:Â 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 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
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
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
39 thoughts onDiamond Pet Foods Recall Class Action Settlement
this was different dates on recalls one December 9 2011 three brands were recalled then April 7 2012 nine brands recalled then may 5 2012 all products recalled, yes indeed a dirty trick but here’s another,, got the supplemental form for extra dog food , plainly states 2 bags max. for one dog , there is nothing in the court documents anywhere that states you can add more bags that has been agreed with the defendants. no amended doc at all regarding adding more bags, with out proof of purchase , its pro rata to start with. you don’t know if the funds are exhausted or not. fill this out, you will more likely get $0, because you obviously cant add more dogs to this supplemental paper, just the food.why would you buy dog food by the bags and not feed them to your dog? does not make since ,this is subclass 1 in order to get money you would not have fed them to your dog ,its a no brainer, they want you to screw up. what it is though a dirty little trick.
Not my words but found this on another site regarding this class action—– Someone pointed out interesting info on this. It seems the administrator for this claim tricked people by posting dates 1 year before production of this dog food and one year after recall as eligible. Ie if you put dates of purchase during first year listed you didn’t buy this type of dog food since it didn’t exist.
If you put last year you bought this dog food but after recall dates so not eligible.
If you put dates within either of range they rejected the claim. We bought after recall dates it seems.
Now this a new trick they come up with it seems. We have to be carefull in the future lol
checks are not on the way ,I got a letter today wanting me to add purchases in the sub class
I also received a rejection letter, however my stated that •According to the records provided by defendant, the pet food product you claimed was not sold in your state. I cannot find anything that says certain states are excluded and I have proof that I did indeed buy the dog food at Costco in my state.
Same email said I was not in the time line . But it was . They are pocketing money
We ALL got the same email.I sent in copy’s and called them last year they told me that my claim was correct and for me too contact after 90 days for an update .Something must be done contacting over 1000 people via email with the same lame excuse NOT acceptable .They just don’t want to pay us and pocket the money for themselves..Can anything be done?
I received a rejection email stating : My purchases did not fall with the correct time period. This is utter nonsense, I even had receipts and the dates are within the appropriate time frame. Not, sure if I should even waste my time sending them in again. They just don’t want to pay. Whatever.
I also received a rejection letter stating I didn’t purchase on the right dates. I received the same as EJ.
Got this by email today “ Please be advised that we have received your Claim Form for the above referenced case. Your claim has been rejected for the following reason(s): According to your claim, you purchased the pet food product either before the manufacture date or after the recall date. If you disagree, please provide supporting documentation of a recalled pet food product purchase.
they just rejected my claim saying i didnt buy the dog food on the right days. I even sent in proof that i bought the dog food