Diamond Pet Foods Salmonella Recall Class Action Lawsuit

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

A New York resident has filed a class action lawsuit against Diamond Pet Foods claiming her dog Benji died after eating dog food tainted with Salmonella. She claims Diamond Pet Foods should have known its dog food, sold under various brand names at Costco, Wal-Mart, Target, PetSmart and other large retail chains, was contaminated.

Plaintiff Barbara Marciano is suing Diamond Pet Foods and Costco for negligence, among other things, relating to the death of her dog after he consumed Kirkland Signature Nature’s Domain dog food purchased at Costco on April 11, 2012. The brand was one of 11 Diamond Pet Foods brands recalled due to Salmonella starting on April 6, including:

Kirkland Signature
Apex
Canidae
Chicken Soup for the Pet Lover’s Soul
Country Value
Diamond
Diamond Naturals
Premium Edge
Professional
4Health
Taste of the Wild

[Go to DiamondPetRecall.com for information on the Diamond Pet Food recall.]

During the Diamond Pet Foods recall, the FDA made four observations related to unsanitary and unsafe conditions at a Diamond manufacturing plant in South Carolina, the class action lawsuit says. The FDA’s investigation revealed at least 14 people from nine states had been infected by the Salmonella outbreak after handling contaminated Diamond pet food.

This is not the first Diamond Pet Food class action lawsuit filed over the Salmonella outbreak. A New Jersey couple filed a class action lawsuit against Diamond and Costco in May after their infant son was sickened by tainted Kirkland dog food they purchased at Costco, causing him to spend three days in the hospital with gastrointestinal injuries.

Marciano is suing Diamond Pet Foods and Costco on behalf of all U.S. consumers who purchased the recalled Diamond pet food. She is seeking actual and consequential damages; treble damages; reimbursement, restitution and disgorgement; injunctive relief and more.

A copy of the Diamond Pet Foods Salmonella Recall Class Action Lawsuit can be read here.

The case is Barbara Marciano v. Schell & Kampeter, Inc. d/b/a Diamond Pet Foods, et al., Case No. 12-cv-2708, U.S. District Court, Eastern District of New York.

UPDATE: Class Members report that they have begun receiving settlement checks.