Evanger’s Dog Food Poisoning Class Action Ends in $545K Settlement

Evanger’s Dog and Cat Food Co. Inc. will pay $545,500 to end class action claims that its pet food is dangerous to animals despite being advertised as “human grade.” 

The plaintiffs say that the Evanger’s class action settlement was reached after two years of “hard fought” litigation.

The proposed Evanger’s class action settlement deal includes both monetary and non-monetary relief that will go to customers affected by the allegedly poisonous dog food.

Per the terms of the proposed settlement, $545,500 will go into a settlement fund, none of which will go back to Evanger’s if it is not claimed by Class Members. The funds will be used to compensate Class Members who file valid claims. The funds are to provide compensation for veterinary expenses “associated with symptoms of pentobarbital poisoning.”

Customers who have proof of purchase are eligible to receive cash benefits equal to 25 percent of the value of the products they purchased, or 50 percent of the value of the purchased products in the form of a product certificate. Class Members with no proof of purchase are also eligible to receive benefits — in the form of certificates for three cans of pet food.

Evanger’s and the customers say that they have identified around 3,845 Class Members who may be eligible for benefits. Reportedly, these Class Members have been identify by examining Evangers’ business records, and records of third party retailers to determine who purchased dog food that had been recalled over alleged contamination with pentobarbital.

The $545,500 settlement fund will also be used to compensate attorneys as well as Class Members. Class attorneys will seek up to $295,000 for fees and expenses, and up to $151,000 will go toward funding the administration of the settlement.

The Evanger’s dog food class action lawsuit was filed by Nicole and Guy Mael in June 2017. The two customers claimed that pet owners paid a premium for Evanger’s dog food because it was advertised as “human grade” “USDA inspected” and “People Food for Pets,” implying that it was of high quality.

However, the customers say these representations were misleading because the products contained pentobarbital, which made pets sick. Allegedly, one of the Maels’ dogs even died from the pentobarbitol poisoning.

The Maels claimed that many other customers were similarly financially injured. They sought damages on behalf of themselves and all similarly affected pet owners.

Have you purchased Evanger’s dog food? What do you think of this settlement?

The customers are represented by Jennifer Rust Murray and Beth E. Terrell of Terrell Marshall Law Group PLLC and Jessica J. Sleater of Andersen Sleater Sianni LLC.

The Evanger’s Dog Food Class Action Lawsuit is Nicole and Guy Mael, et al. v. Evanger’s Dog and Cat Food Inc., et al., Case No. 3:17-cv-05469, in the U.S. District Court for the Western District of Washington.

UPDATE: February 2020, the Evanger’s toxic dog food class action settlement is now open. Click here to file a claim.

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