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![]() ![]() Frequently Asked Questions
Which products are being recalled?
A: As of the date of this FAQ, May 2, 2007, numerous manufacturers / distributors of pet food have recalled certain of their cat and dog foods and treats. The list of affected foods and manufacturers is subject to change, and was expanded most recently on April 30, with several companies issuing recalls from April 22 to April 30. For a full list of the recalled items, please check with the Food and Drug Administration's website, at www.fda.gov/oc/hottopics/petfood.html
1) Menu Foods, Inc. which supplied many different brands such as IAMS, Eukanuba, and various store-branded foods; these include the dog and cat foods made by it, which contain ChemNutra wheat gluten, between November 8, 2006 and March 6, 2007. The products are moist food, generally described as “cuts and gravy,” and come in pouches and cans. The most up to date information on this topic is found on the Menu Foods website, at www.menufoods.com/recall/.
2) Nestle Purina PetCare Company, which engaged in a voluntary recall of its 5.3 ounce Mighty Dog® brand pouch products (produced by Menu Foods, Inc.) from December 3, 2006 through March 14, 2007, and also all sizes and varieties of its ALPO® Prime Cuts in Gravy wet dog food which have specific date codes. See www.fda.gov/oc/firmrecalls/purina203_07.html. Purina also has a telephone number, 1-800-218-5898, available Monday through Friday from 7 a.m. to 7 p.m. CDT and a website, www.purina.com for more specific information.
3) Hills Pet Nutrition, Inc. recalled its Prescription Diet m/d Feline dry food www.fda.gov/bbs/topics/NEWS/2007/NEW01599.html. This food for cats is sold exclusively through veterinarians. Hill's has information at 1-800-445-5777 or at www.hillspet.com.
4) Sunshine Mills, Inc. recalled a portion of its branded dog biscuits made in its Red Bay, Alabama plant during part of March 2007. A list of the affected biscuit brands is at
www. sunshinemills.com. The company can also be contacted at 1-800 -705-2111. 5) Del Monte Pet Products has recalled certain of its dog treats. A list of the affected product codes is at www.fda.gov/oc/po/firmrecalls/delmonte.com/petfoodrecall/html.
The company can also be reached at www.delmonte.com or at 1-800-949-3799.
6) Natural Balance Pet Foods has recalled all dates of its Venison and Brown Dry Rice Dog Food, as well as its Venison and Green Pea Dry Cat Food.
7) Royal Canin USA has recalled all of its dry pet food products including Royal Canin Veterinary Diet (available only in veterinary clinics) Dry Dog Food, Dry Cat Food, and Royal Canin Sensible Choice Dry Dog Food. Specific items listed on the press release at www.fda.gov/oc/po/firmrecalls/royalcanin04_07html.
8) Blue Buffalo Company has recalled one production run of its Spa Select Kitten Dry Food. The food is in 3 pound and 7 pound bags, with production date on the affected run code stating “BEST IF USED BY MARCH 07 08 B.” Blue Buffalo subsequently expanded its recall to include various other items in its press releases of April 26 and April 27, 2007.
9) Sierra Pet Products, LLC issued a recall of cans of dog and cat food and dog treats bearing the “Harmony Farms” name on April 27, 2007.
10) American Nutrition has issued a recall of various products including canned cat and dog food sold under the Blue Buffalo, Harmony Farms and Natural Balance names on April 26, 2007.
11) Other recent recalls: Smartpak (Live Smart Weight Management Chicken And Brown Rice)(April 20, 2007); Diamond Pet Food (three specific canned cat and dog foods)(April 26, 2007); Chenango Valley Pet Foods (April 26, 2007).
What is wrong with the food?
A: While the FDA's investigation is ongoing into the problems with the food, it reports that its laboratories have found a substance called melamine in samples of the food, and in the wheat gluten used as an ingredient. Cornell University scientists have found melamine in the kidneys and urine of deceased cats that were part of a taste testing study done by Menu Foods. A full explanation about what melamine is (essentially, it is used for fertilizer in certain parts of the world, and in making plastics) is on the Food and Drug Administration's website. www.fda.gov/cvm/MenuFoodRecallFAQ.htm.
Recent reports have also found melamine in the rice protein used in products such as Natural Balance, Royal Canin, and Blue Buffalo.
What are my rights as a pet owner whose pet has gotten sick or died?
A: Some of the pet food companies have stated that they will pay for recalled foods, and/or for a certain dollar amount of the veterinarian bills for persons whose pets have had to go to a veterinarian. You may be able to recover directly from those companies by contacting them, for some of your expenses.
Several class action lawsuits have also been filed, including one by this firm, some of which seek to represent affected persons nationwide. These suits seek recovery under various theories under the law for persons whose pets have gotten sick and/or died as a result of eating the contaminated foods. These suits seek, among other things, compensation for the loss of pets, veterinarian costs including the costs of monitoring the pet's condition, and the implementation of an independent testing program to ensure that the contamination of the foods does not happen again. If the courts allow the suits to go forward as class actions, you will be given the opportunity to decide to participate in the action. If you do participate, you will be bound by the outcome, but will also have the opportunity to participate in any recovery.
You may also choose to bring your own lawsuit against the manufacturers or sellers of the tainted food. What kind of recovery you may get, will depend in part on the laws in effect in the state in which you are suing. However, unlike the class action suits, if you wanted to be represented by counsel, you would have to pay for your attorney's fees. In the class action, the class counsel's fees will be taken from the overall recovery from the defendants, and will be approved of by the courts.
What kind of evidence will I need to prove my case or get a refund?
A: While the type of proof that the companies may require for a voluntary refund of the price of the tainted pet food may vary, for purposes of possibly proving your claim for the injury or death of your pet, we recommend that you retain the tainted food that you still have (being careful to label and secure it so that it is not accidentally fed to a pet), as well as any receipts for the food and any veterinary bills or reports that you have or acquire in the future having to do with your pet's health.
Do I need to file a lawsuit soon?
A: If you are planning on participating in the class actions that have been filed, you do not need to file a separate lawsuit. However, if you are thinking of filing your own separate lawsuit, you should seek out an attorney who practices in the state in which you live, and find out what the applicable statute of limitations is for the claims you want to bring. The statutes of limitation can be as short as a few months for some claims, or several years for others. In California, the shortest applicable statute of limitations, for a case alleging pets which are injured by tainted food, is likely three years from the date of injury or the date that the injury was discovered.
What if my pet ate one of the dog and cat foods being recalled?
A: If you pet shows signs of illness (such as loss of appetite, lethargy and vomiting), you should consult with your veterinarian immediately. “The American College of Internal Medicine (ACVIM) has recommended that pets (dogs and cats) that ingested pet food that was on the recall list, whether showing signs of illness (lethargy, vomiting, diarrhea, anorexia, etc.) or not (asymptomatic) should be seen by their veterinarian for baseline blood chemistries and urinalysis in order to ascertain the status of their renal (kidney) function. (The ACVIM is the Official Organization of the Veterinary Specialties of Small Animal Internal Medicine, Large Animal Internal Medicine, Cardiology, Neurology, and Oncology. http://www.acvim.org/).”
If your pet is diagnosed with renal failure, we suggest you hold onto the food if the brand and lot numbers match the recall.
If my dog or cat ate some of the recalled food, how soon after would I see any symptoms?
A: It is difficult to say for sure, but usually within a couple of days. The important thing is to monitor your pet closely for signs of lethargy, loss of appetite and vomiting. If your pet shows any of these signs, please consult your veterinarian.
In light of the recall, what should I feed my pets
A: FDA encourages pet owners to consult with their veterinarian about their pet's health and nutrition requirements. Please refer to the FDA website http://www.fda.gov/oc/opacom/hottopics/petfood.html for a list of recalled products that should not be fed to cats or dogs. Using products from companies that are not on the recall list will enable you to continue to provide safe, wholesome nutrition for your pets.
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