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This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
UPDATE:
- A judge granted final approval to this settlement on Aug. 21, 2023.
- Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
Midwestern Pet Foods agreed to pay $6.375 million to resolve a class action lawsuit claiming it sold pet food with dangerous levels of aflatoxin and salmonella contamination. No proof of purchase is necessary for certain types of claims in the Midwestern Pet Foods settlement.
The settlement benefits individuals who purchased one or more recalled pet food products made by Midwestern Pet Foods or Nunn Milling Co. A full list of included products is available on the settlement website.Â
According to the pet food class action lawsuit, Midwestern Pet Foods sold products contaminated with dangerous levels of aflatoxin — a carcinogenic toxin produced by fungi found in corn and other crops. The food products, which were later recalled, also contained salmonella bacteria, the plaintiffs contend.Â
Midwestern Pet Foods sells pet food products under several brand names, including Sportmix and Earthborn Holistics.
Midwestern Pet Foods hasn’t admitted any wrongdoing but agreed to a $6.375 million settlement to resolve the recalled food class action lawsuit.
Under the terms of the settlement, class members can receive compensation for pet injuries and consumer food purchases.
Fully documented pet injury claims will be reimbursed in full, up to $150,000.Â
Pet owners who cannot document their pet injuries but instead declare these injuries can receive $75 for pets that became ill but didn’t die and $150 for pets that died.Â
Class members whose breeding businesses were affected by pet injuries can receive additional compensation.Â
Additional pet injury compensation may be available above the $150,000 limit if there are residual settlement funds. Smaller payments may also be increased on a pro rata basis if there are residual funds. Payments may be increased up to three times their original value.Â
Class members can also receive compensation for their purchases of recalled Midwestern Pet Foods products.Â
Claimants who provide documentation such as receipts, invoices, shipping order forms, confirmation emails or other proof of purchase can receive 100% refunds of their purchase prices.Â
Class members who do not have proof of purchase can claim up to two bags of food at a rate of $25 per product for a maximum payment of $50.
All payments may be reduced on a pro rata basis if the settlement fund is not sufficient to cover all injury and consumer purchase claims.Â
The deadline for exclusion and objection is Aug. 3, 2023.
The final approval hearing for the settlement is scheduled for Aug. 21, 2023.
In order to receive settlement benefits, class members must submit a valid claim form by Aug. 3, 2023.
Who’s Eligible
Individuals who purchased one or more recalled pet food products made by Midwestern Pet Foods or Nunn Milling Co.
A full list of included products is available on the settlement website.
Potential Award
Up to $150,000 for injuries and up to 100% refunds for purchases
Proof of Purchase
Documentation of pet injuries (vet invoices, medical records, etc.) and product purchases (receipts, invoices, shipping order forms, confirmation emails or other proof of purchase).
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
08/03/2023
Case Name
In re: Midwestern Pet Foods Marketing Sales Practices and Product Liability Litigation, Case No. 3:21-cv-00007-RLY-MPB, in the U.S. District Court for the Southern District of Indiana
Final Hearing
08/21/2023
Settlement Website
Claims Administrator
Midwestern Pet Foods Settlement Program
c/o Settlement Administrator
P.O. Box 4214
Portland, OR 97208-4214
info@MWPFSettlement.com
888-501-9437
Class Counsel
Rosemary M RivasÂ
GIBBS LAW GROUP LLP
Jeffrey S Goldenberg
GOLDENBERG SCHNEIDER LPA
Kenneth A Wexler
WEXLER BOLEY & ELGERSMA LLP
Defense Counsel
Justin M Penn
HINSHAW & CULBERTSON LLP
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67 thoughts onMidwestern Pet Foods aflatoxin, salmonella contamination $6.375M class action settlement
Pet owners whose pets died and/or were injured have first dibs at the money. I am in a facebook group for pet parents and someone said that the claims administrator called their vet about three weeks ago to confirm some information on the claim form regarding their pet that died. Whatever money is left over after these claims are paid is what will be split with people who only claimed food purchases. Perhaps TCA can confirm what I believe is the correct information, but either way, the claims administrator was still contacting vets as of three weeks ago.
Anyone heard anything? We’re gonna be lucky if we ever see an payments.
Anyone have any updates? Thanks!
It’s no wonder they got inundated with claims. They made it so incredibly easy to file for substantial compensation with little to no proof. I doubt we get a penny before June of this year
So I emailed yesterday and got a response of: The claim evaluation process is taking longer than we anticipated partly because of the volume of claims submitted and partly because of the due diligence being spent to identify fraudulent claims. I anticipate that claims will be processed in the next 2 to 3 months.
😡
Thanks for the info. Super frustrating though.
So I spoke with settlement administrators office today over the phone. I swear it was a call center in India. I could barely make out anything said. And she was no help whatsoever. Contradicting everything anyone has previously posted about. Still reviewing claims and no amounts or payment dates to inform about as of yet. This is B.S. we are being screwed while they have been paid and are collecting interest on our payments as long as they sit in their bank. Settlement was granted approval in August it is January what a crock.
That’s exactly why I emailed the lawyers! Try one of them and see what you get told. They told me the same as the other guy below. 60 days. Please post if you contact them. Thanks
These are the two I emailed:
rmr@classlawgroup. com
And
cpence@gs-legal. com
I will try doing this as well. Thank you I will keep you informed.
Ashley, I agree with you, I sent an e-mail and was told the same time frame, I think checks will come out in mid to late January, but you never know.
It does seem like something always holds up the process!
Spoke to class counsel today and she said they estimate 45-60 days until payments begin.
Thank You for the update!
Finch,
Stop spreading disinformation…
I got a response from the settlement admin on Dec 15 and they said payments will be issued in 30 days.. so that means in mid January….
Before you accuse someone of spreading misinformation… maybe you should learn to read. I said that I spoke to class counsel. NOT the settlement admin. Those are two different groups you twit. The settlement admin will almost always say differently from the attorneys. Obviously the sooner the better! So I hope the admin are on the ball and get the checks out asap. I simply reported what the attorney told me. So take your drama to Facebook.
Has anyone received a check yet?
Or heard anything about checks going out?
Thanks for the info!
It’s not likely to happen before the new year. They’re racking up that interest for sure. They say they are still going thru claims. But they should have been doing that whilst the trial was going on. They’ve had ample time.
I filled out a claim in my brother’s dogs’ name on this one. I am hoping to get another check in his dogs’ name sent to his PO box.
I heard that they going to start paying on December 10th or 11th
And where’d you hear that from?
I think because the deadline for deficient claims to respond was the 10th, she assumes that’s when they pay out. But that’s not true. The responses had to be postmarked by the 10th. Then they allow 10 business days to receive any that were sent out at the last possible minute. Then they process the responses they get and issue payments when all of them are completed. The attorney told me 30-60 days past the deadline is a reasonable expectation. Providing everything was finalized with the courts. And you have to consider holidays, slower processing due to the higher workload this time of year, inclimate weather, etc, that will cause delays. So I’ll be throughly surprised if this pays out this year.
I hate to sound negative… I’m just being realistic.
I think she thought that too. Oh to be so hopeful lol. Thank you for your response its much more informative. When I called the settlement administrators aka commissioned call center ugh…they (not surprisingly), were not helpful at all. One thing you forgot to mention also is th÷ fact that they will sit on the payments as long as legally possible to milk that interest for all they can! So sad especially in a case like this when people are grieving the loss of their furamily members and some still dealing with lasting medical necessities for theirs because of this negligence. Hope they get in in gear. Happy Holiday wishes to you!
You’re right. It’s not just the deceased or previously injured this has impacted. There are some who have long term health complications and some with disabilities now that could certainly use the money. Hopefully they’ll send the payments surprisingly fast! I tend to believe the more probable outcome of that not happening… but hey, anything is possible.
Take care, and Merry Christmas!
To all the animal lovers like myself, my vet gave me the best advice and info regarding all the pet food out there. Purina is the only brand that hasn’t been recalled, so far and is there #1 choice for pet food. I know there’s a lot of fur babies with allergies and health issues that require special foods and don’t have many choices so best advice is to always talk to your vet about the best possible foods to feed your babies. I wish everyone Happy Holidays.
Correction…. I should have said fewest recalls.