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. Edward M Ruiz says:

    Our dog chuy a little chihuahua got real sick and couldn’t walk and with in 24hrs died. We cried for 2weeks.

  2. tramaine myers says:

    could this have been the case with my puppy, Chewy? I gave Chewy several of the chinese manufactured Waggin Train treats while teaching him to stay, Chewy was fine and being funny. The next night Chewy was acting slow and would not play, follow me ro eat like Chewy always does, 2 days later Chewy died. I had not associated his death with the dog treats at that time, but after reading Mr. Adkins story about Cleopatra and the similar situation occurring to a young healthy puppy who had eaten the same dog treats, I believe this was his cause of death.

  3. Jo Carrasco says:

    add me please

  4. Jeanmarie Briscella says:

    Bought these treats for my dog too. Add me

  5. robertsasko says:

    had same issue dog got sick

  6. Gail Burbank says:

    I have fed both of my dogs Purina Waggin’ Chicken Jerky Tenders. They both had diarrhea and one of them threw up. In fact, I still have a bag of them with
    Chinese symbols on the deoxidizer pouches. I’ m hoping the treats haven’t caused long term medical issues that could surface in the future. I’m interested in joining the class action lawsuit.

  7. Patty scott says:

    I have bought these for all five of my dogs I want in on this claim please!

  8. Dora Doroha says:

    I bought that for my dogs and they got the runs I stopped given it them. I knew it was those treats !!!

  9. Maria Huet says:

    My dog became very sick and almost died ended up in the hospital for 3 days

  10. Pam says:

    We had been giving our beloved golden lab chicken jerky treats until I read they were contaminated. I stopped but it was to late he was sick. After he vomited a mass of blood and tissue we took him to the vet. She told us his liver was 75% destroyed and he was dieing k. We cried and had him put to sleep because we could not afford the expensive tests he needed. We have been devastated every since. RIP Sirius you were only 8.

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