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Class Action Lawsuit Filed Against Pet Food Producers

June 23rd, 2008, 12:12 PM
I hope they win :fingerscr :goodvibes: .........

Class Action Lawsuit File Against Pet Food Producers:

This is a press release from Cathy MacIvor. Cathy MacIvor has filed a class action law suit in light of the recent pet food recall and the information the pet food producers are providing the public about the pet foods they produce.

For more information about Maltzman Foreman PA please visit
http://www.mflegal. com/

Press Release is as follows:

Nationwide Class Action Lawsuit Filed Against Pet Food Companies and Retailers For Misleading Consumers Regarding the Contents of Pet Food.

"Premium" Pet Food Marketed and Sold as "Complete and Balanced" Has Historically Contained Such Items as Euthanized Dogs and Cats, Restaurant Grease, Hair, Hooves, and Diseased Animals, and Other Inedible Garbage.

[MIAMI, FLORIDA] A cat and dog owner from Michigan and two cat and dog owners from Florida have filed a nationwide class action against food industry giants Mars, Inc., Proctor and Gamble Co., Colgate Palmolive Company, Del Monte Foods, Co., and Nestle U.S.A. Inc.

These manufacturers have a combined approximate 70% of the market share in the $16 billion dollar a year pet food industry.

The suit also names as Defendants Nutro Products, Inc., Menu Foods, Wal-Mart Stores, Inc. Target Corp., Publix Supermarkets, Inc., Winn Dixie Stores, Inc., as manufacturers and marketers of their own brand pet
food and retailers PETCO Animal Supplies, Inc., Pet Supermarket, Inc., and Petsmart Inc.

The Plaintiffs maintain that these companies have spent $300 million a year in making false and misleading marketing statements regarding the contents of their pet food to the dog and cat loving American public.

While these Defendants tout their pet food products as
choice cuts of prime beef, chunks of chicken, fish, fresh wholesome vegetables and whole grains to induce consumers to buy them, the Plaintiffs contend the food is actually made from "inedible" slaughterhouse waste products of the human food chain such as spines, heads, tails, hooves, hair, and blood.

Rendering companies who process this waste have also added other inedible "waste" such as euthanized cats and dogs from veterinarian offices and animal shelters, road kill, zoo animals, rancid restaurant grease, toxic chemicals and additives. Additionally, dead animals and those declared unfit for human consumption due to disease and illness are
also placed in the mix.

The lawsuit was filed in United States District Court for the
Southern District of Florida by attorney Catherine J. MacIvor of the 23 attorney Miami litigation law firm of Maltzman Foreman, PA. The case is pending before the Honorable Cecilia Altonaga. Class Counsel, Catherine J. MacIvor says that "The melamine debacle is not the only serious problem with pet food. The number and frequency of lethal pet food recalls in the last few years clearly shows the seriousness and extent of this problem."

The lawsuit alleges that pet food companies market their products as wholesome, choice cuts of meat, natural and complete and balanced diets even though they are fully aware that this food is largely carbohydrates and sugars combined with toxic preservatives and additives with very little to no meat at all. The lawsuit seeks damages to consumers for the false representations made in the
Defendants' advertising as well as punitive damages.

"Sadly," MacIvor said, "the Defendant pet food companies and retailers recognized that American pet owners love their cats and dogs like members of their family. The Defendants deceptive advertising specifically marketed premium healthy food to the American public knowing that they want to buy the best food that they can for their loved one and knowing that the food consists largely of garbage, chemicals, additives, diseased meat and even residual pentobarbital from euthanized animals."

The 58 page lawsuit outlines in grotesque detail the actual manner in which most commercial pet food in the United States is made. The lawsuit also attaches and cites numerous news stories and research articles outlining the real content of the Defendant's pet foods and the misleading and deceptive advertising undertaken by the Defendants.

The Defendants targeted in the Complaint produce pet foods under a wide array of brands and names including: Pedigree®, Sheba®, Goodlife Recipe®, Royal Canine, Iams®, Eukanuba®, Science Diet®, Prescription Diet®, 9 Lives®, Amore®, Gravy Train®, Kibbles-n-Bits® and Nature's Recipe®, Snausages®, Milk Bone®, Pup-Peroni®, Meaty Bone®, Canine's Carry Outs®, Jerky Treats®, Wagwells®, Alpo®, Beneful®, Beggin' Strips®, Dog, Cat, Puppy and Kitten Chow®, Fancy Feast®, Friskies®, Mighty Dog®, Deli-Cat®, Pro Plan®, Purina One®, Natural Choice® Dog and Cat Products, Max® Dog Products, Max® Cat Gourmet Classics, Natural Choice® Complete Care® for cats, UltraTM Products for dogs, Americas Choice Preferred Pets, Authority, Award, Best Choice, Big Bet, Big Red, Cadillac, Companion, Compliments,
Demoulus Market Basket, Eukanuba, Fine Feline Cat, Food Lion, Food Town, Giant Companion, Hannaford, Hill Country Fare, Hy-Vee, Iams, J.E. Mondou, Laura Lynn, Li'l Red, Loving Meals, Medi-Cal, Meijer's Main Choice, Mighty Dog Pouch, Mixables, Natural Life, Nutriplan, Nutro Max, Nutro Max Gourmet Classics, Nutro Natural Choice, Ol' Roy, Paws, Pet Essentials, Pet Pride, President's Choice, Price
Chopper, Priority US, Publix, Roche Brothers, Save-a-Lot Special Blend, Schnucks, Science Diet Feline Savory Cuts Cans, Sophistacat, Special Kitty, Springfield Prize, Sprout, Stop and Shop Companion, Tops Companion, Wegmans, Weis Total Pet, Western family US, White Rose, Winn Dixie, Your Pet, LIFELongTM, Ol' Roy and Special Kitty
brands of pet food.

The lawsuit alleges, among other claims, that the pet food companies have fraudulently and/or negligently misrepresented and concealed what is actually in their pet foods, violated Deceptive and Unfair Trade Practices, and Failed to Warn the public of the health risks to animals associated with a diet consisting of their commercial pet

Through the lawsuit, the Plaintiff's hope to recover financial damages for all pet owners who have been similarly deceived. "Ultimately we are hopeful that our lawsuit will force the Defendants to more accurately describe what is in their pet foods and to offer more healthful pet food options that provide pets with food quality similar to that provided in human food products."

June 23rd, 2008, 12:25 PM
I hope they win too. The amount of b/s that is fed to the public is a crime and should be treated as such. Then it will drag for years through the court non-system that there is for the every day Joe.

I think W-5 did a program on the ingredients in pet food, am I right :confused: Hockey was probably on that night and I didn't get to watch it. :frustrated:

June 23rd, 2008, 12:30 PM
Wow, I hope this doesn't get swept under the rug. I hope they win and I hope something is actually done!

I'm sooooo glad I have my gang on Wellness, and I didn't see that on there.

June 23rd, 2008, 01:55 PM
I hope they win and then some !! :thumbs up
Is this article copyrighted, or can I crosspost it on an e-mail list ? :)

June 23rd, 2008, 02:21 PM
I hope they win and then some !! :thumbs up
Is this article copyrighted, or can I crosspost it on an e-mail list ? :)

Well I got it from another open forum so I don't see why not and the more publicity this gets, the better, imo. :D

June 23rd, 2008, 02:25 PM
I just "googled" and found these articles also....

June 23rd, 2008, 03:23 PM
Here is another article:

June 23rd, 2008, 06:41 PM
I really hope they win, but on a realistic side, i highly doubt that they will. The defendants in this case are some of the largest corporations and combined they are even stronger. To add to the problem is the fact that pets are still considered 'property' which will further reduce the impact of this lawsuit. False advertising exists in human foods today as well and in almost any other aspect, and so far they have been getting away with it because of the fuzziness of what constitutes false advertising.

If there is a petition to be signed, please let me know as this topic frustrates me very much and i would gladly get many people around me to sign.



June 23rd, 2008, 07:56 PM
Masha, in this case thinking positive is something we can all practice. No one ever thought anything would come of the big tobacco litigation, yet the tobacco industry has had to pay billions of dollars in compensation and in advertising to educate people against their own products.

If the outcry is big enough, something can be done.

June 24th, 2008, 03:51 AM
I think the more publicity this gets the better so we should use the power of the internet to post this information on other forums and email to everyone we know.

June 24th, 2008, 07:55 AM
Hello everyone!
I am a named plaintiff in the class action mentioned in this blog. Someone asked if the information from the suit could be used by readers of this blog to post on other forums. The answer to the question is "Yes" the information may be used on other forums - this is public information.

Susan Peters

June 24th, 2008, 01:42 PM
Hello everyone!
I am a named plaintiff in the class action mentioned in this blog. Someone asked if the information from the suit could be used by readers of this blog to post on other forums. The answer to the question is "Yes" the information may be used on other forums - this is public information.

Susan Peters

Susan, thank you so much for taking the time to reply to this post and giving us your personal authorization to crosspost the information.

I wish you and the other plaintiffs the best of luck in winning your case. :pray: :fingerscr :goodvibes:

June 29th, 2008, 12:28 AM
Just thought I would post Petco's response (from .....

Saturday, June 21, 2008
Update on Our Joliet Distribution Center

At PETCO, our business - and our lives - revolve around pets. Around their health and well-being, and around helping you - our customers and fellow pet parents - enjoy long and happy relationships with your animal companions. After all, our mission and our passion are to support and promote the highest quality of life for pets of all sizes, shapes and colors.

Today, I am writing as a pet parent myself, as well as PETCO's CEO, to share some information with you about developments this week at one of our distribution centers, located in Joliet, Ill.

Earlier this spring, the U.S. Food and Drug Administration, a federal agency charged with overseeing facilities that store human and pet food, inspected our Joliet distribution center. In its reports, the FDA noted pests and instances where mice had reportedly opened packages of pet food.

Since the May inspection, we have acted aggressively to address every concern raised by the FDA. Today, we are confident that the Joliet facility is very clean and that highly effective pest control measures are in place.

However, as a result of the observations raised during the FDA's past inspections, authorities issued an action on Thursday to place a hold on the receipt or distribution of food products from our Joliet facility.

It is important for you to know that, according to the FDA, there is no indication that any pet food that has passed through our Joliet facility is unsafe. Neither the FDA nor our company has received any reports of pet illness associated with eating food distributed by or sold at PETCO stores.

I am actively involved in discussions and decisions as we address this matter. As an organization and as pet parents, all of us at PETCO - starting with me - are committed to complying fully with all FDA requirements, and we are working with officials to understand and address any continuing concerns.

For 43 years, our most important priority has been and continues to be to make it easier for pet parents to love and care for their animal companions. It's what we do and it's why we're here.

We appreciate and take seriously the trust you place in us to help care for your animal family members. You can count on us to work hard to earn that trust every day.


Jim Myers

June 29th, 2008, 07:28 AM
Well that's nice and all Mr. Meyers, but it doesn't address the the fact that the products that are sold at PETCO are made from the lowest of the low ingredients.

I wonder what he feeds his pets?

Goodluck to all the plaintiffs!

June 29th, 2008, 08:17 AM
Well said, Stacer ! :thumbs up This big companies don't give a *** about pets. All they care about is profit and that's a fact. :mad:

June 29th, 2008, 08:51 AM
To even buy any really good quality food, with good ingredients you can't find that either at Petco, or Petsmart. Pet Supermarket at least sells Wellness, but to buy anything like Innova or Wysong or any brand of that high quality you have go to a smaller pet store, or specialty store. I can find Wellness at Whole Foods, Pet Supmarket and Dog Bar and a handful of other places.

I have to wonder why these bigger pet chains don't bother with supplying the customer with the really good quality food.

June 29th, 2008, 11:03 AM
Not that I'm defending Petco, but just thought I'd point out that they have recently started carrying Wellness:

And Petsmart does at least stock By Nature Organics (the only place in town I can get it) and Avoderm, so they do have a couple:rolleyes: higher quality options . I still prefer my mom-and-pop store that focuses on raw and has staff that actually know what they're talking about. It's easier to believe they really do care about the animals and aren't just spewing a bunch of rhetoric like Mr. Myers.

June 29th, 2008, 11:35 AM
SCM, I will have to keep checking my Petco because I went yesterday and they didn't have Wellness. It would be ideal for me if they did carry it since I have one pretty near where I live and I often stop in there on my way home to get litter. I have to go out of my way to get Wellness, and with gas prices these days, on my way home is a lot more economical for me. Thanks for that link!:D

I'll have to investigate my Petsmart too. I've not bought food there in months, so perhaps checking to see if they are stocking these is a good idea.

June 29th, 2008, 12:15 PM
Yes, I've heard that some of the large chain pet stores are starting to carry a few better quality brands.

But, as SCM said, the owners/staff at the local independent "mom & pop" pet stores are much more knowledgable about pet food ingredients. :pawprint:

June 30th, 2008, 09:49 PM
Almost two years ago I lost my Chihuahua... at 19 years old it was a huge devestating blow.. we spent almost $2,000 in less than 12 hours in two vet visits trying to pin point the problem.. why she was fading so fast, we did everything we could.. my husband waited almost two months to tell me what had happened, and actually I figured it out before he told me. She had just given birth to two puppies (my Kami and Malley) and became dehydrated, I was told to get some wet dog food and pedialtye.. it hit me a few weeks later when the pet food recall came out, I had killed me baby.. she wasn't just a dog like most of my family and friends saw it.. she WAS my baby, and I had killed her by feeding her contaminated food. She was my heart, her babies lost their momma.. the only thing I learned from losing her was that I have become more aware of the food I feed my dogs. Kali died from kidney and liver failure, and she went fast.. thankfully for her. I have spent a lot of time looking at the different dog foods and trying to do what is right for them. I don't have kids, so they are that for me. I love them just as much if they were my children and I wish the people who made the food realized that, or just showed a little bit of compassion for people who do care this much. I thank them for doing this.

July 1st, 2008, 11:37 AM
I hope atleast there gets to be some publicity about this case.

I'm getting so fed up with regular grocery store brands that I'm not even wanting to feed it to my stray and feral cats... I'm trying to find the cheapest holistic food I can because there's just too many lies in the regular pet food industry.

July 5th, 2008, 05:52 PM
WHen I got my new doggie, one of the things they told me was that the more places the dog food is available the more preservatives and crap they have to use in it to keep it fresh.
That makes sense, so the fact that I have to go out of my way to buy Origen makes me feel even better about it.
I noticed that wasn't on the list,but it's also not produced at a rendering plant (that I know of!).

It's true that the big companies care only about money, so I see the answer as a north american boycott. Maybe the lawsuit and the recent programs will draw attention to the crap that's in pet food.
It seems like visitors to this forum make an attempt to educate themselves and buy quality food, and that's a start. The next step we need to take is convince all or pet-owning friends and family to do the same.

Hit 'em where it hurts and simply don't buy crap for our dear friends.

July 5th, 2008, 06:29 PM
This makes me VERY happy! :D