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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
We started giving our beloved (every healthy and active) dachsund, Higgins, the chicken jerky treats in September, 2010 (2 before bedtime)and noticed during that time she was less energetic and did not want to eat (except the treats) and would hide in the closet.She was also up part of the night whining. Very unusual behavior for her but we did not connect the behavior to the treats untill she developed a severe case of pancreatitus in March of 2011 and the vet told us not to give her those anymore. Even though she recovered she was a very sick dog untill she died a year later. She had numerous expensive vet bills and medication bills and I feel we would have had our dog longer had it not been for those jerky treats.
I lost my silky yorkshire terrior over a year ago eating the Wagon Train jerky treats. We had to put her to sleep. It was the hardest thing I had to do. She could not hold her urine and was very ill. The vet tried several different medications but her kidneys had failed. She went from 12 pounds to 8 pounds. I couldn’t bare to see her suffer. You love these dogs uncondituionally, and they love you in return. They can’t squirm or yell when their in pain, but somehow you know. You can see it in their eyes and you know when their not themselves. She was beautiful and a big part of our lives. I should have followed my instints when we bought these treats. The meat on this treat looked like rubber wrapped on the hide. We should have never bought this product. We need to be smarter shoppers and research many of the ingrediants on dog products. I refuse to buy any treats.
If this is the proper way to join the class action, I definitely want to be added to the list. I spent hundred of dollars on treatment for my two Brittanys who became severely ill after eating the Wagon Train jerky treats.
Please add me.
My mastiff has to be euthanized on Monday due to kidney failure from these horrid “treats”. How do I sue in the Comm. of VA?
My dog Maggie, an American water spaniel died last January. After a vet trip several tests and no idea of the problem, Maggie literally bled out of her rear end and died within hours . The next day after calling the vet he informed us that additional tests were negative, he was perplexed as to the cause. Having bought 10 15 oz bags of Waggin train treats from Costco in 2012 alone, I never received a recall announcement. We buried Maggie that morning and continued to give these treats to our little silky terrier,Rock even up till last evening. I found oy about the recall on the news this am and quickly called Costco(where all bags were purchased) and the FDA to register Maggie’s case.. If I had known of the recall Maggie would probably be alive today.
I presently have 1 15 oz bag unopened and another half of a bag that I continued to give nightly treats to my little Rocky. I am disgusted and ready to join the class action suit naming Nestle and Costco. Please call for further info. Anna
I wrote the FDA about these treats back in 2009 . Mry dog is a Lhasa Apso, Mozart. He was so sick and we could not figure out what was causing him terrible diarrhea. After muktiple vet visits and trying all kinds if food including RAW we finally stopped his daily chicken treat. Thank God he got better and didn’t die. It was a close call. No person or animal should eat chicken from China. They should know better plus there have been multiple compliants about this product and they keep selling it. Sign me up.
Please add me, we gave these to our Chihuahua, she became sick within 1 1/2 days, so we returned it to the store, but she was sick for 3-4 days, diarrhea.
I purchased this treat and my dog has been very very ill and the girl that works for me also fed them to her dog and they have both been ill from the treat too….
Fed to all of my dogs, lots of throwing up then, but my Bassett/Beagle died after 5 days of horrible pain and vomiting and diarrhea, cost over a 1,000.00 dollars at my vets and emergency vet and he still died.