Midwestern Pet Foods aflatoxin, salmonella contamination $6.375M class action settlement

Updates:

• Top Class Actions readers reported this settlement paying out up to $128.65 as of Oct. 7, 2024. 
• Congratulations to everyone who filed a claim and got paid!

• A judge granted final approval to this settlement on Aug. 21, 2023.
• Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Midwestern Pet Foods agreed to pay $6.375 million to resolve a class action lawsuit claiming it sold pet food with dangerous levels of aflatoxin and salmonella contamination. No proof of purchase is necessary for certain types of claims in the Midwestern Pet Foods settlement.

The settlement benefits individuals who purchased one or more recalled pet food products made by Midwestern Pet Foods or Nunn Milling Co. A full list of included products is available on the settlement website. 

According to the pet food class action lawsuit, Midwestern Pet Foods sold products contaminated with dangerous levels of aflatoxin — a carcinogenic toxin produced by fungi found in corn and other crops. The food products, which were later recalled, also contained salmonella bacteria, the plaintiffs contend. 

Midwestern Pet Foods sells pet food products under several brand names, including Sportmix and Earthborn Holistics.

Midwestern Pet Foods hasn’t admitted any wrongdoing but agreed to a $6.375 million settlement to resolve the recalled food class action lawsuit.

Under the terms of the settlement, class members can receive compensation for pet injuries and consumer food purchases.

Fully documented pet injury claims will be reimbursed in full, up to $150,000. 

Pet owners who cannot document their pet injuries but instead declare these injuries can receive $75 for pets that became ill but didn’t die and $150 for pets that died. 

Class members whose breeding businesses were affected by pet injuries can receive additional compensation. 

Additional pet injury compensation may be available above the $150,000 limit if there are residual settlement funds. Smaller payments may also be increased on a pro rata basis if there are residual funds. Payments may be increased up to three times their original value. 

Class members can also receive compensation for their purchases of recalled Midwestern Pet Foods products. 

Claimants who provide documentation such as receipts, invoices, shipping order forms, confirmation emails or other proof of purchase can receive 100% refunds of their purchase prices. 

Class members who do not have proof of purchase can claim up to two bags of food at a rate of $25 per product for a maximum payment of $50.

All payments may be reduced on a pro rata basis if the settlement fund is not sufficient to cover all injury and consumer purchase claims. 

The deadline for exclusion and objection is Aug. 3, 2023.

The final approval hearing for the settlement is scheduled for Aug. 21, 2023.

In order to receive settlement benefits, class members must submit a valid claim form by Aug. 3, 2023.

Who’s Eligible

Individuals who purchased one or more recalled pet food products made by Midwestern Pet Foods or Nunn Milling Co.

A full list of included products is available on the settlement website.

Potential Award

Up to $150,000 for injuries and up to 100% refunds for purchases

Proof of Purchase

Documentation of pet injuries (vet invoices, medical records, etc.) and product purchases (receipts, invoices, shipping order forms, confirmation emails or other proof of purchase).

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

08/03/2023

Case Name

In re: Midwestern Pet Foods Marketing Sales Practices and Product Liability Litigation, Case No. 3:21-cv-00007-RLY-MPB, in the U.S. District Court for the Southern District of Indiana

Final Hearing

08/21/2023

Claims Administrator

Midwestern Pet Foods Settlement Program
c/o Settlement Administrator
P.O. Box 4214
Portland, OR 97208-4214
[email protected]
888-501-9437

Class Counsel

Rosemary M Rivas 
GIBBS LAW GROUP LLP

Jeffrey S Goldenberg
GOLDENBERG SCHNEIDER LPA

Kenneth A Wexler
WEXLER BOLEY & ELGERSMA LLP

Defense Counsel

Justin M Penn
HINSHAW & CULBERTSON LLP