‘Real Ham Bone’ Chew Toy Manufacturer Asks Judge to Toss Class Action

Last week, Dynamic Pet Products Inc. filed a motion in California federal court to dismiss a proposed class action that accused the company of seriously injuring and even killing dogs who used their “Real Ham Bone” pet chews made from waste ham bones that were allegedly prone to splintering.

Dynamic argued in the motion to dismiss the second amended complaint that the plaintiffs in the potential dog chew toy class action lawsuit failed to establish a connection between themselves and the retailers who sold the pet products. In total, Dynamic, a subsidiary of Frick’s Meat Products Inc., listed a total of seven reasons why the proposed class action should be dismissed.

Dynamic argued that lead plaintiff Khristie Reed, and the nine other plaintiffs who joined the lawsuit, have fallen short in supporting their breach of implied warranty claim “because Plaintiff Reed lacks privity with the defendants.”  Dynamic said the plaintiffs have not shown they are the intended beneficiaries of contracts between the company as manufacturer and Wal-Mart Stores Inc. as the retailer, and Wal-Mart is not a party to the suit.

In the recent amended complaint, the plaintiffs asked to represent subclasses for a total of nine states, including New York, Florida, and Louisiana. The dog chew manufacturer responded to the latest complaint saying that Louisiana does not allow for class action claims under the Louisiana Unfair Trade Practices and Consumer Protection Act.

Dynamic also argued that Florida’s Deceptive and Unfair Trade Practices Act does not allow plaintiffs to file claims for property damage, and claimed that the Oregon plaintiff never read the company’s labels or purchased the Real Ham Bone products.

Reed originally filed the Real Ham Bone class action lawsuit last May after her basset hound died reportedly after consuming the product. The lawsuit alleged false advertising over the company claiming the chew toy was safe.

According to Reed and the other pet owners, the ham bones splintered when they were chewed on, creating shards of the product that harm the digestive systems of dogs when swallowed.

The Dynamic class action lawsuit states that dogs suffered from conditions such as “stomach, intestinal and rectal bleeding, vomiting, diarrhea, constipation and seizures, and have died gruesome, bloody deaths as a result of chewing Defendants’ Real Ham Bone For Dogs.”

In response to Reed’s claims, Dynamic argued that the labels for Real Ham Bones state that the products should not be consumed by “aggressive chewers” or dogs with digestive problems, and that by purchasing the product, consumers assume all liability.

“After warning the purchaser about the risk associated with the bone splintering, the label states: ‘Pet owner assumes liability associated with the use of this or any natural bone product.’ Because the product label disclaims liability for any warranty associated with use of the product, Reed’s breach of  implied warranty claim must fail,” Dynamic argued.

Plaintiff Khristie Reed is represented by Timothy G. Blood, Leslie E. Hurst and Thomas J. O’Reardon II of Blood Hurst & O’Reardon LLP.

The Dynamic Dog Chew Toy Class Action Lawsuit is Khristie Reed v. Dynamic Pet Products and Frick’s Meat Products Inc., Case No. 3:15-cv-00987 in the U.S. District Court for the Southern District of California.

UPDATE: On July 21, 2016: the judge denied a motion made by Dynamic Pet Products to dismiss the chew toy class action lawsuit.