Archer Daniels Toxic Horse Feed Class Action Claims Trimmed

A federal judge recently determined that plaintiffs in an Archer Daniels class action don’t have the standing to claim their horse feed was contaminated.

U.S. District Judge Jorge L. Alonso declined all but one allegation in the Archer Daniels class action lawsuit, leaving only the plaintiffs’ strict product liability claim.

However, Judge Alonso denied Archer Daniels Midland Co.’s argument that the whole class action should be tossed based on federal regulations preempting state law claims.

“Congressional purpose is to protect consumers from adulterated food, and a stricter state law is not an obstacle to that purpose,” the judge wrote.

Judge Alonso tossed out claims under the Illinois Food, Drug, and Cosmetic Act after determining that the state law doesn’t provide a private right of action. He also dismissed claims under the Illinois Consumer Fraud and Deceptive Trade Practices Act, finding that the allegedly injured horses were not injured in the state meaning that the claims were not applicable.

The Archer Daniels class action lawsuit was filed in July 2016 by two plaintiffs who claimed that horse feed and supplements from the company were produced in the same facility as cattle products.

This allegedly led to contamination with monensin, an additive for cattle products which increases weight and market value by killing bacteria and other parasites. Although monensin is a useful supplement for cattle feed, it reportedly poses risk for heart failure and other complications in horses.

Plaintiffs Beth Berarov and Annelisa Bindra reportedly owned horses who died from alleged exposure to monensin through Archer Daniels products.

Berarov owns a horse facility where she reportedly cared for 13 of her horses and housed six other horses. In March 2015, her horses allegedly began to fall ill – a problem which spread to every horse in the facility.

The Archer Daniels horse feed class action claims that this led to the testing of her horse feed and an investigation by the Michigan Department of Agriculture and Rural Development. The results of the testing, investigation, and a necropsy of one of the deceased horses reportedly showed that monensin poisoning caused the issue.

Bindra reportedly experienced a similar issue when her horse fell ill after being fed ADM Alliance 12% Pellets and Patriot 12% Supreme Performance Horse Feeds at a stable. Her horse was allegedly one of several horses that died after showing signs of monensin poisoning. Like Berarov, Bindra reportedly had the horse feed testing and the testing revealed the presence of monensin in the food.

The judge will allow the plaintiffs to file an amended complaint by Feb. 22.

Plaintiffs are represented by John W. Barrett, Eric B. Snyder, Katherine E. Charonko, Mary P. Statler and Patrick Muench of Bailey & Glasser LLP.

The Archer Daniels Toxic Horse Feed Class Action Lawsuit is Berarov, et al. v. Archer Daniels Midland Co., et al., Case No. 1:16-­cv­-07355, in the U.S. District Court for the Northern District of Illinois.