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A class action lawsuit against Nestle Purina PetCare Co. claiming Beneful dog food killed or sickened thousands of pet has been dismissed.
U.S. District Judge Edward Chen granted summary judgment to Purina Thursday, rejecting testimony from the plaintiffs’ expert that suggested Beneful dog food was the direct cause of their dogs’ illnesses or deaths.
Lead plaintiff Frank Lucido filed the class action lawsuit against Purina in February 2015, claiming the company failed to adequately test its dog food or disclose the presence of toxins in Beneful dog food.
Purina moved to dismiss the case in April 2015, calling it a “lawsuit-by-social-media.” However, the plaintiffs countered and moved for certification of 15 Classes and 15 subclasses in July 2015.
The Beneful dog food class action lawsuit mostly centered on whether the ingredients in the Beneful dog food were toxic. The plaintiffs’ expert, Dr. John Tegzes, an animal toxicologist, analyzed a limited sampling 28 of 1,400 Beneful dog food provided by pet owners who dogs got sick after consuming Beneful dog food.
Dr. Tegzes analysis allegedly revealed that three types of toxins: propylene glycol; mycotoxins, a fungal mold on grain; and the heavy metals arsenic and lead were present in the dog food that could pose a “significant health risk” to dogs.
While these toxin levels did not exceed the amount allowed by the FDA, Dr. Tegzes stated that the FDA did not take into consideration long-term exposure to the toxins in Beneful dog food.
But Judge Chen rejected Dr. Tegzes’ conclusion, ruling that the sampling study lacked specific data to support the findings: the exact level of mycotoxins in the dog food and what specific level of mycotoxins actually poses a safety risk. Additionally, the judge noted that the expert failed to examine the affected dog’s veterinary record and other health factors.
“Dr. Tegzes’s opinion is not reliable because the scientific literature he invokes is either too speculative or too imprecise. Simply put, Dr. Tegzes cites no epidemiological evidence that long-term exposure to mycotoxins at levels below the limits set by the FDA leads to serious health risks for dogs,” Judge Chen stated.
Further, the judge shut down the expert’s testimony that Purina failed to properly test its Beneful dog food, ruling that Dr. Tegzes had no specialized knowledge of the pet food manufacturing process, testing or quality control procedures.
Judge Chen also refused to permit Dr. Tegzes and another expert, veterinarian Dr. Jena Questen, to give testimony about the importance of dog food safety and testing for consumers, finding that neither witness was qualified to testify on “consumer preferences.”
Chen said the plaintiffs’ case ultimately relied on Tegzes’ opinions, and dismissed the case on grounds that “because the court finds Dr. Tegzes’ opinions unreliable, plaintiffs’ case has no evidentiary support.”
Judge Chen denied plaintiffs’ request to submit additional evidence.
The consumers are represented by Ram Olson Cereghino & Kopczynski, Morgan & Morgan Complex Litigation Group, Kimbrell & Solen LLC, Terrell Marshall Law Group PLLC, Pastor Law Office LLP, Leonard Law Office PC, Finkelstein Blankinship Frei-Pearson & Garber LLP, Consumer Law Group, Lackey Hershman LLP, Paliare Roland Rosenberg Rothstein LLP Gilman Law LLP, Cuneo Gilbert & Laduca LLP, the Animal Law Center, the Richman Law Group, Edelman Combs Latturner & Goodwin LLC and the Law Offices of S. Chandler Visher.
The Beneful Dog Food Class Action Lawsuit is Frank Lucido, et al. v. Nestle Purina PetCare Co., Case No. 3:15-cv-00569, in the U.S. District Court for the Northern District of California.
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50 thoughts onPurina Defeats Toxic Beneful Dog Food Class Action Lawsuit
Don’t care what the class action suit resulted in. I know without a doubt that Beneful killed both of my dogs within the span of two years with the exact same symptoms. The only reason Purina is off the hook is that folks haven’t saved the food samples and had them tested near the time of death. They’ll never be held responsible because of that fact. As long as they’re making money selling their cheap product, then they’ll be satisfied.
I just put my 13 yr old Pomeranian on Purina Benifield Prepared Meals and he has had 2 seizures in the span of 3 months. This brand was recommended by the vet too….
Geuce, My eight year Akita-Pitbull mix was euthanized Apr. 15, 2018 from internal bleeding. The vet at the 24/7 urgent care here in charlotte, nc. stated its a sign of cancer on one of his organs possibly. Surgery would be around 4,000 to 5,000 dollars and he probably still would make it. My heart is broken after having him in my life since his birth. He always had ear infections and lethargy when i would try purina products, pedigree, or Rachel Rae’s nutrish. And for them to keep selling foods with this crap in it is heartless. I think they’re all in cahoots, veterinarians and the judge who dismissed the case against them was paid off, or ordered to dismiss. Purina creates the yeast ear infections, internal bleeding and cancer, etc. In order to give veterinarians more business from those who are willing to pay. I was told not to feed from the table, but people who feed there pets real food, have pets with long healthy lives. Rice, real meat and veggies, etc. I just realized all the money spent on food and vet bills that i had to pay out of pocket for. I was just assisting in killing him early. Ironically they offered to put him down and cremate him for free. I chose to bury him myself instead. Im an U.S. Army veteran so i had to show my appreciation for his undying loyalty and companionship.
Benefuls killed my 4 year old Belgian Malinois in 2014.
Yeah my dog died of stomach problems from this damn good so please add me
Our corgi passed away in 2011 while recovering from acute pancreatitis. He was only six years old. He had only eaten Beneful. At the time, we had been living aboard a small sailboat. One day, we found him lethargic, barely able to walk to the water dish, with what appeared to be a large lump on his side. We took him to the nearest vet, as we were traveling, where he was treated with antibiotics and IV for 24 hrs. Ringo had started to improve and had some appetite back about three days later, when we became stranded and needed Coast Guard assistance. Suddenly, I noticed that the pupil of one eye was enlarged, and realized he was having a neurological problem. I scooped him up, placed him on the floor of the boat just before he started having seizures and bit my hand in confusion. We got the engine fixed and started crossing Albemarle Sound in NC to get back to the nearest vet, but an hour later, he went into status epilepticus (prolonged seizures which lasted five or more minutes). I knew he was dying and that there was nothing we could do for him, as it would be another four hours or so before we could dock. That was one worst days of our lives. We had to drop him off at the vet for inclusion in mass cremation, as we couldn’t afford to even say goodbye to him. I gave the rest of the Beneful to someone we knew, who told me that their dog died about a month later. We did not connect the dots, though, just thought that it was unfortunate for both of our families to lose our dogs.
My 13 year old dog had a seizure a few hours after we gave him the purina beneful baked delight treats. That was the only thing different in his diet. We will never buy this garbage again.
We have a 14 year old Golden Retriever. About age 5, she started having seizures. We use to feed her Walmart Brand dog food but a vet convinced us it was bad for her. Also, since she had been fixed, she was overweight. We put here on Purina Healthy weight formula and Vet gave her seizure medicine. Her seizures would come and go over the years and we never for one moment suspected the dog food. This went on until three years ago when the vet put her on a strict diet of Metabolic dog food from the vet. After that, she never had another seizure.
On Jan 1st of this year, I was in Florida at our lake house for the week. I ran out of her dog food. We had a old bag of Purina Healthy weight in the cabinet so I feed her that for about 3 days. On the way back home to Georgia, she started having violent seizures which turned into a stroke. It almost killed her. I suggested to the vet to put her down but he said to give it a couple of days. Well Thank God she pulled through but it was one hell of an ordeal for over a month!
Amazing I came across this article and started doing research on all the other cases like this. I’m now TOTALLY convinced that for years her seizures were a direct result of this dog food! Wish I could get on the lawsuit and paid back for all the years of vet bills and money spent on this crap!
please add me
I had fed my beagle Beneful from the time he was a puppy all throughout his life until he started having issues and had to be put on a prescribed food from the vet. He was having diarrhea and vomiting. He just wasn’t his active self. He had to have his gall bladder & spleen removed in 2014 when he was 9 years old and had a large amount of bile built up in his liver. He was then diagnosed with a thyroid condition which is back to under control. He developed round cell carcinomas over the past 2 years and had them removed 3 times. It has moved to his lymph nodes and the one is inoperable due to it location. Please splurge and buy your dogs anything that is healthy from the other makers. Our dogs are worth every penny of it.