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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.
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
2 years ago I started giving the Waggon Train jerky treats to my dogs daily and after a week both dogs became deathly ill. They had constant bloody diarrhea for 2 weeks where the blood just poured from them. they had been active dogs and were so weak they just layed and didn’t get up. They would not drink or eat i had to force feed them. The only way i could get them to drink was to give them chicken broth. I fed them oatmeal w/chicken and forced activated charcoal down them and also gave them kale (vit,k) and milk thistle. It was touch and go for weeks but they slowly and finally got better. I will never give them chicken jerky again. I thought at the time the roughness of the jerky had irritated their intestines or something then I learned about a year later of all the dogs getting sick and dying. Last year my one dog developed a serious immune disease and went blind among other things. I believe this was also directly related to the damage his system suffered from the jerky illness. COUNT ME IN!
my basset hounds loved these treats. my older dog ruby got really sick, had to take her to emergency vet 9after midnight. they had to keep her. dehydrated and throwing up. she made a recovery, but I know those treats caused this. add me please
two years ago I had moved to another town and often bought these treats for my female rottweiller. she was 8. until I read this, I did not realize that the way she died, which was undefined but the vet suggested a cancer, most likely was these treats. she kept peeing to the point that she could not hold it and she got weaker and weaker to the point she could not stand. she had to be put down. I am severely grieved that this beautiful dog had to die so horribly and that this was likely the cause. I will never buy from gravy train or their products and I will warn my friends to follow in kind.
Purina I thought was a company I could always trust. Used to be run by the Danforth family I believe. This is a travesty. Two of my companions have suffered. Shame on you Purina. I too wish to join in this endeavor. I wish we could get China for this also. How do I sign up?
please add me as well. This is a terrible thing !! I don’t know why we have anything to do w/ china!! What a horrible thing to happen to our pets! Dam China ! don’t they eat they’re dogs? why should they care about our products for our pets!
Our dog died Jan. 2013, I even called the company and made a complaint to them. She had mastitis 3 wks prior to her death and was tx’d with antibiotics. Then, she seemed to always be thirsty and would love the treats and on Jan. 4th she died in my arms. We always bought the treats from Sam’s club and when they didn’t have them anymore we were told they were recalled. I truly believe they contributed to our Jenny’s death. How do I get in the lawsuit, this is unacceptable of this company.
Its a travesty that our loved pets suffered and met there demise due to the defective Waggin Train treats. I would like to be included in the class to recoup expenses I incurred from feeding my puppy this product.
Add me please
Gave these to our lab, he ended up in the hospital with $450. Bill!
The vet said that if we fed him any products from china thats what made his liver to fail. He was only 7 years old.