Sarah Mirando  |  October 15, 2013

Category: Legal News

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Waggin' Train Dog Treats class action lawsuit

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.com/lawsuit-settlements/lawsuit-news/29223-waggin-train-purina-settle-jerky-treat-class-action-lawsuits/

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

  1. katie says:

    I fed these to my dogs they loved them but once I heard about all the problems other dogs had I stopped feeding them and started making homemade dog treats

  2. Michelle Simpson says:

    I fed my Pomeranian these treats and they made her have very bad bowels and made her allergies act up so bad that she lost all her hair, I immediately stopped giving them to her. Add me.

  3. Linda Wilkerson says:

    I have (4) dogs and buy these all the time for my animals. This is upsetting since I have noticed the animals getting sick vomiting and having diarerra . Now I feel guilty because they trust me and I’m feeding them poison!

  4. kimberly fletcher says:

    We feed both of our dogs these treats

  5. Art Manuel says:

    Please include my name also for this lawsuit for Purina Waggin Train Chicken Dog Treats. I had an expensive guard dog which got deathly ill and later died in 2012.

  6. karen davis says:

    I feed my dog these not knowing and thank god no harm came to him.

  7. Susan Rothman says:

    Please include my name in the suit for Purina Waggin Train chicken dog treat — used this product for the year

  8. pam richie says:

    MY DOG GOT VERY SICK AND NEED TO GO TO THE VET, IN WHICH IS NOT CHEAP.

  9. Kasey Hill says:

    My dog has had to go to the vet multiple times and the last time they asked what I feed him and I told them what kind of dog food (Ol’ Roy) and that I gave him Waggin Train and them told me I need to stop giving him Waggin train.

  10. Julie Carver says:

    2 years ago my dog became deathly ill, Wagon Treats were part of his diet. He had to be put to sleep with intestine problems.

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