Attorneys Say Pet Food Lawsuits Near Settlement

Michael Ferrara Jr. of Ferrara Law Firm in New Jersey, along with co-counsel in Chicago and San Francisco are representing a dozen plaintiffs in their suits charging that tainted food caused death or injury to pets.

Ferrara said that the cases are likely to be resolved soon, and Menu Foods’ lawyer said that the parties have made substantial progress during mediation.

Both sides said a settlement could be a few weeks away.

On Feb. 19, the U.S. Judicial Panel on Multidistrict Litigation consolidated suits from around the nation, finding they involve questions of fact common to 31 cases already assigned to U.S. District Judge Noel Hillman, who sits in Camden.


About 120 suits were filed in Arkansas, California, Connecticut, Florida, Indiana, Illinois, Minnesota, New Jersey, New York, New Mexico, North Carolina, Ohio, Ontario, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Wisconsin and Washington.

The plaintiffs claim unfair and deceptive trade practices; negligence in failing to provide adequate quality control; unjust enrichment and breach of implied and express warranties. Some claim emotional trauma was caused by the death or illness of pets.

The plaintiffs seek compensation for veterinary care, medical monitoring and euthanasia costs.

Defendants besides Menu Foods include distributors Del Monte Foods Inc. of San Francisco; Nestle of Stamford, Conn.; Procter & Gamble in Cincinnati; Xuzhou Anying Biologic Technology Development Co. Ltd. in Pixian, China; and Suzhou Textile Import and Export Co. in Jiangsu, China.


(Thanks menusux)

7 Responses to “Attorneys Say Pet Food Lawsuits Near Settlement”

  1. Don Earl says:

    Maybe we should start a pool to see who can guess closest to the settlement amount? Or maybe a survey to poll where pet owners think the settlement should be vs. where it’s likely to be?

  2. anon says:

    Coupons for free bags or cans of the very pet food that killed or sickened your pets and a slap in the face for daring to ask for the vet bills to be paid is my guess. And millions, of course, for the lawyers.

    What the settlement _should_ be? The equivalent of the advertising budget for 2007 and 2008, until EVERY claim is settled the clock runs on that, for every pet food company that killed pets and a public caning for Duane while the PFI is disbanded in disgrace.

  3. Nicole says:

    Personally, I would have liked to see a trial so that the defendants would have to testify and disclose documents and admit to the horrible things that they did. I am not surprised they opted to settle. I just hope the pet owner plaintiff’s are fairly and justly compensated.

    I joined a class action once because I was defrauded by a cell phone insurer (what a scam that was). I paid hundreds of dollars over a two year period (I am a jerk), my phone broke and they sent me a used rebuilt phone instead of a new one. Anyway, my point is that as a class member I will receive a free $5.00 phone card for joining the class. Not anywhere near what I should get. And it has been two years and I am still waiting for my phone card!! I don’t care for class actions.

  4. Denise says:

    Don Earl i am with you on that one. they got off way to easy and the animals that sufferend and the people that were heartbroken. I still see people buying this food. there are so many better foods around. we coud punish them by not buying their product. every time I go grocery shopping I see people with there carts full and a big back of cheap dog or cat food in the cart from Menu foods. they eat good but feed their animals garbage and we all know it now. I mean we didn’t really know it for sure until our pets were dying but now we do. I don’t get it why would people feed this garbarge to their babies. I thought cost but the food in the carts was top quality. I don’t get it.

  5. Scooter says:

    So why are the pet owner’s even accepting a “settlement” from these killers? Don’t tell me that easy money overrides taking these killers to court!! And they will get peanuts in return for their pet!! For crying out loud people, why even bother, if this is how much you cared about your pet. Watch them each get a free six-month supply of “pet food!”

  6. Scooter says:

    AND you can put this in the “mix”:

  7. armand cucinotti says:

    i purchased ShopRites beef & liver at the glassboro, nj 08028 store on Novmenber 15th 2007. I have two cats both were dead one on Sunday 18th and the other on Monday 19th.
    I went to ShopRite to see the director Bill he said he could not take the brand off the shelf until Del MONTE told him to do that. I told him if he don’t you are killing more cats, I will call the FDA and have them do it ASAP. I also gave him a sample of the cat food and I also had two extra cans that i still have at home. Del MONTE foods called me the following day to hear about this situation and they did not believe what I was telling them. The remark they made to me was that my cats could have died from old age. My final question to them was how coincidental for my two cats to die at the same time. ARMAND CUCINOTTI

E-mail It