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UPDATE 6/2/2014: Nestle Purina and Waggin’ Train have agreed to settle three class action lawsuits alleging their jerky treats made in China have caused pets to get sick and/or die. The companies have agreed to create a $6.5 million settlement fund to compensate Class Members who believe their pets were harmed by the jerky treats. Click here for more information: http://www.topclassactions.
UPDATE 2: Instructions on how to file a claim for the Waggin’ Tails, Canyon Creek Ranch dog treat settlement are now available! Click here or visit www.DogTreatProductsSettlement.com for details.
UPDATE 3: An appeal to the dog treat class action settlement was dismissed on Dec. 10, 2015, meaning that checks may soon be mailed to Class Members who filed valid claims.
UPDATE 4: On Mar. 21, 2016, Top Class Actions readers started receiving checks in the mail from this class action settlement worth as much as $300.
Nestle Purina failed in its bid to dismiss a class action lawsuit filed by dog owners who alleged their pets got sick or died from eating the Chinese-made Waggin’ Train jerky treats.
U.S. District Judge Robert Gettleman of Chicago refused to dismiss the Purina Waggin’ Train class action lawsuit, saying that the plaintiffs have provided sufficient facts to make a claim that the jerky treats were defective. The judge, however, dismissed most of the allegations against Wal-Mart, Costco, Target. BJs, CVS, Walgreens, Pet Supplies and other retailers who sold the treats.
Top Class Actions reported about the Waggin’ Train dog treat class action lawsuit last April after a grieving pet owner, Dennis Adkins, filed a $5 million class action lawsuit against Nestle and Wal-Mart after his 9-year-old Pomeranian named Cleopatra allegedly died after eating the jerky treats.
“Between March 13, 2012, and March 15, 2012, Mr. Adkins gave one of the treats to Cleopatra daily, which he chopped into two to three pieces,” the class action lawsuit states. “Immediately thereafter, Cleopatra became sick and, on March 26, 2012, died of kidney failure.”
Other plaintiffs made similar claims, but Judge Gettleman said their cases should be heard in the states where they reside.
“In the instant case, 19 out of 21 plaintiffs allege that they reside in states other than Illinois and that they purchased the chicken jerky treats and fed them to their pets in their home states. With the exception of the two plaintiffs who reside in Illinois, the complaint alleges no other facts tying any of defendants’ alleged misconduct or the plaintiffs’ alleged injuries to Illinois,” the judge said.
The Food and Drug Administration has been investigating a possible link between dog illnesses and chicken jerky treats made in China since 2007, and has urged pet owners to use caution when feeding dogs these products. The FDA even came up with an agency warning last November 2011 warning that some pet owners and veterinarians have reported cases involving dogs falling ill after eating Chinese-made chicken jerky treats.
According to the FDA’s website, the illness affects the kidneys, and symptoms include decreased activity, vomiting, diarrhea and increased water consumption and urination. Following the warning, multiple class action lawsuits were filed against numerous manufacturers of Chinese-made dog treats, including Milo’s Kitchen.
Mr. Adler is seeking compensatory and punitive damages for a class of anyone who bought Nestle Purina or Waggin’ Train-brand dog treats containing chicken imported from China in the past four years.
The Purina Waggin’ Train Chicken Dog Treat Class Action Lawsuit is Adkins v. Nestle Purina Petcare Co., Case No. 12-cv-2871, U.S. District Court, Northern District of Illinois, Chicago.
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68 thoughts onPurina Waggin’ Train Dog Treat Class Action Lawsuit to Proceed
Elevated liver enzymes from dog treats. Waggin Train Chicken Jerky Tenders??
UPDATE 4: On Mar. 21, 2016, Top Class Actions readers started receiving checks in the mail from this class action settlement worth as much as $300.
Thank you for your email,
The appeal was dismissed on December 10, 2015. However, we understand there is now a period in which it may be renewed. We are currently awaiting confirmation that this Settlement is final and in effect. We expect to be able to commence disbursements within 90 days. Thank you for your patience.
Regards,
Wendi S.
Dog Treat Products Settlement Claims Administrator
UPDATE 3: An appeal to the dog treat class action settlement was dismissed on Dec. 10, 2015, meaning that checks may soon be mailed to Class Members who filed valid claims.
Hi Laura. I also lost my little Yorkie from these tteats. I also filed a claim and to had all her documents. I sent them 2 the court certified and haven’t heard nothing. I then seen where some lady Appealed it on July 13th 2015. It really upset me.
My dog also died from these treats and I filed a claim with documents. It is now July 2015 and I have not heard anything? What happened?
I had big time heartache & vet bill from these treats. Its sad & kills me to know those treats came from my hand and posioned them. I filed claim while back has anyone actually got paid yet?
I had to min-pins their favorite treat was the Chicken Waggin treats. I always gave them 1 inch pieces several times a day as rewards. They loved them so much they wouldn’t eat ay other treat.I purchased at least 4 $10.00 bags every month for 3 years. By the time they were taken off the shelves both my dogs died of stomach cancer. I can send the records from the Verde Veteranary hospital, Cottonwood, Az. 86326