Gravy Train Dog Food is Poisonous, Class Action Claims

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A class action lawsuit claims the Gravy Train brand of canned dog food is poisonous to pets.

Plaintiff Thomas Roupe alleges that Gravy Train dog food, made by defendant Big Heart Pet Brands Inc., contains pentobarbital, a chemical used in animal euthanasia.

This Gravy Train contamination class action lawsuit comes on the tails of a similar class action lawsuit filed by consumers in February alleging that their dogs were injured by the dog food.

According to Roupe, pentobarbital is a “Class II controlled substance,” a chemical used in animal euthanasia that is toxic to animals even in small quantities. He goes on to state that the inclusion of pentobarbital in animal food renders the food “adulterated” under federal and state law. The plaintiff claims that consuming the chemical can cause the following injuries to an animal:

• Excessive salivation
• Vomiting
• Changes in stool
• Decreased appetite
• Lethargy/depression
• Tremors/seizures
• Unusual eye movements
• Unusual vocalizations
• Difficulty walking
• Collapse
• Coma
• Death

Roupe alleges that Big Heart did not take appropriate steps to ensure that pentobarbital was not present in its dog foods, and states that according to state and federal laws, “pet food manufacturers are responsible for taking appropriate steps to ensure that the food they produce is safe for consumption.”

The Gravy Train pentobarbital class action lawsuit suggests that Big Heart incorporated animals euthanized with pentobarbital in their dog foods, in violation of state and federal law. The poisonous Gravy Train dog food class action lawsuit notes that the FDA has not historically strictly enforced this law and has not enforced strict penalties on companies who incorporate “non-slaughtered animals” into pet food.

The poisoned dog food class action lawsuit claims that as a result, “manufacturers in the pet food industry, including [Big Heart] have continued their illegal practice of using non-slaughtered animals that may contain poisonous substances, like pentobarbital, in their pet foods.”

Roupe claims that on Feb. 8, 2018, an independent investigation determined pentobarbital to be present in Gravy Train dog foods.  According to Roupe, the report noted that pentobarbital is not used on farm animals typically incorporated into pet food, so questions were raised as to whether or not Big Heart incorporated non-farm animals such as euthanized dogs, cats, or horses.

The plaintiff goes on to state that Big Heart did not respond to these questions, claiming that a Big Heart representative said “we launched and are conducting a thorough investigation, including working closely with our suppliers, to determine the accuracy of these results and the methodology used.”

Roupe seeks damages for himself and all other affected consumers, and seeks for Big Heart to ensure that no pentobarbital is present in its dog foods.

The plaintiff is represented by Robert K. Shelquist and Rebecca A. Peterson of Lockridge Grindal Nauen PLLP; Kevin A. Seely and Steven M. McKany of Robbins Arroyo LLP; Daniel E. Gustafson, Karla M. Gluek, Joseph C. Bourne, and Raina C. Borrelli of Gustafson Gluek PLLC; Charles Laduca and Katherine Van Dyck of Cuneo Gilbert & Laduca LLP; and Joseph Depalma and Susana Cruz Hodge of Lite Depalma Greenberg LLC.

The Gravy Train Pentobarbital Class Action Lawsuit is Thomas Roupe v. Big Heart Pet Brands Inc., Case No. 3:18-cv-01465-JSC, in the U.S. District Court for the Northern District of California, San Fransisco Division.