Pet Owner Pressures FDA To Further Investigate Toxins In Cat And Dog Food

Don Earl filed a Text of Petition for Writ of Mandamus against the FDA on August 9. Earl’s cat chuckles died from eating tainted pet food.

This action is an effort to force the FDA to properly conduct a credible investigation into the findings by independent labs of toxins other than melamine in pet food. Also, the action is calling for the prevention of the FDA’s program of systematically destroying essential pet food evidence.

Issues raised in the action include:

  • The FDA focused on melamine, to the exclusion of contrary evidence and expert testimony showing melamine is virtually nontoxic, even at levels many times higher than that found in pet food samples.
  • The FDA kept secret for three months a recall by rendering company, Darling International, of 1.4 million pounds of a meat protein ingredient commonly used in pet food, which was contaminated with melamine.
  • The FDA appears to be following a predetermined script, which is based exclusively on unsupportable theories related to melamine from China.
  • The FDA has moved to aggressively discount credible evidence which if properly investigated would uncover the source of toxins responsible for the deaths of thousands of companion animals.
  • The FDA has controlled, withheld and otherwise manipulated critical information, and destroyed essential evidence, to the detriment of pet owners who suffered damages caused by the poisoned pet food epidemic.

Source: Pet Food Recall Facts, Press release

29 Responses to “Pet Owner Pressures FDA To Further Investigate Toxins In Cat And Dog Food”

  1. Roberto P. says:

    Check Offy’s comment in the forums.

  2. elliott says:

    I spoke with a friend this morning that owns a pet store. He said Science Diet is pulling dry dog and cat food. No reason was given. He said he had a list of 15 SKU’s to pull.

  3. Roberto P. says:

    Well, let’s see, in June Ol’ Roy dry was pulled for salmonella, in August we get pet food handling instructions to avoid Salmonella, now this….hmm….

  4. elliott says:

    I need to revise and update my last post. I spoke with the store owner again, science diet is NOT pulling product - they are not shipping some products. His info came to him via fax from Colgate. The driver who delivers this product said they were told these products were not being shipped as they were going back for extensive testing for high quality. Say “WHAAAT?”

  5. Elaine says:

    Re: Offie’s comment. We have talked about amicus briefs before, in fact I have belonged to organizations that filed such briefs in the past.

    The problem with this is that many of us do not belong to a pet organization, as such. Could we have an informal organization among us bloggers? Can we file amicus briefs individually? I know an amicus brief isn’t a costly thing to do, so many of us would probably be willing to file one to support Don.

    I know that we had lawyer pet parents on here blogging about the pet food deaths in the beginning, so, any lawyers out there that would file for us?

  6. E. Hamilton says:

    Not only is there no safety in food, human
    or pet but it has been that way for a long, long time.

    Slow poison, fast poison, known toxins, unknown toxins and
    evidently,a lot of DRUGS and NOTHING will convince me that
    the FDA did not know this.

    If the FDA knew and did nothing, in fact helped cover up,
    a pattern more plain than any real concern on their part for the people who
    foot the bill, is REWARDING this behavior smart?
    And in the unlikely event that the FDA was not just complicit, but an eager
    and willing partner in crime, in the event that they were just wandering about
    as innocent as a babe in the woods?
    Throwing good taxpayer money after bad, is that the answer?
    Has it EVER worked? On ANY problem?

    Since the poisons have been here a while, in everything, how about we
    SOLVE the problem instead of asking liars for answers?

    I want to know what killed the pets, you might have concerns about your food,
    we all want and need to know what is ALREADY in us and our food and
    if you plan on trusting the FDA then you are fitting yourself and your loved
    ones for a dirt nap.

    Dealocrats OR Repugnant, makes no nevermind which set of scroundrels are in office,
    it has been going on too long. We have known, here on this blog and others, for
    HOW MANY FREAKING MONTHS!? The FDA monitors this blog and the sole response
    of the FDA to the staggering pain and loss and pleas and death and sickness and
    unending stress andd betrayal has been a KNIFE IN THE WOUND ON A DAILY DAMNED BASIS
    The FDA did not even have the balls to lie to your face , once they got
    caught all shifty eyed on camera they switched to audio mode lying.

    If they were gonna go all noble and you know, do the job we pay them to do, grudgingly
    and save the nation? they could have started with us and our pets. Instead the FDA started in ON us
    and lied and spun and abandoned us and our pets.

    Deliberately, on purpose, they meant to do it, it was “official” policy
    as “official ” as the 16 dead and our dead that they refused to count.
    The FDA sure as hell COULD go count the pets suffering NOW, those that will suffer
    damage for the rest of their lives. THAT might give a far truer picture of the scope
    of the poisoning and the numbers in money that this has cost , is going to cost, pet parents
    , nevermind the grief because the FDA sure does not mind our grief and the FDA CANNOT LET THAT

    Are they? is the FDA finally making an effort to contact vets, get testing done
    and unleash the truth?

    Since the Senate and the Congress cannot even make the FDA produce documents what makes you think
    any amount of money will get any degree of safety from the FDA?

    Trusting the FDA is more lethal than cat food from China and we have all known that for
    some months now.

    Please support the Don Earl actions in any way that you can! Post flyers, go to newsgroups and post and these can be ANY kind of newsgroup-not just pet groups- we ALL eat, contact the class action lawyers if you are part of the class action lawsuits and see if they can help or know of others who might help, email your local newspapers and TV stations, if the TV stations blow you off then file an FCC complaint!
    After all these months we all know LOTS OF PET EXPERTS!!, make sure they know about this. Time for the experts to stand up and use the Amicus or shut up about being experts, this is make or break for ANY expert and what they do will tell you whether they are to be trusted.

    I bet we find some “experts” have been bought off that will surprise everyone. This will flush them out.

    Comment on every news story on the net that has a comment section and mention Don’s website, email the link to every new agency. Call into radio talk shows and talk! You have something to say, right?

  7. Jenny Bark says:

    Elaine & E. Hamilton I agree with both of you. We have to keep working & try to help Don & all of America.

  8. E. Hamilton says:

    Go Don GO!!

  9. Don Earl says:

    Speaking of secret recalls. By my count, there are 106 Nutro products listed in this FDA enforcement action:

    Assuming this information is current, this happened last month. The reasons listed are unsafe additives, poisons, or both. According to Nutro’s website, they have tested ALL their products, and NONE of them contain melamine. The FDA isn’t talking about what substances were found and neither is Nutro.

    On the FDA suit, I tend to think friend of the court briefs in support of the effort would be a big plus. I’d really like to see some nonprofits like the Humane Society and/or consumer organizations getting involved. Would state attorney generals lend a hand in with elections coming up and 55% of Americans owning pets? It wouldn’t hurt to ask. Could groups of individuals work together to describe how the recall has affected them and how important they believe it is to get hard answers to hard questions, then work together to collect signatures? I don’t know why not.

    Every little bit helps.

  10. Katie says:

    The Darling rendering recall with melamine cont - could that be all the leftovers from the cows, pigs, etc. that ate cont. pet food? Interesting about the pet food going back for testing…and Don, I thought someone here said the Nutro products were the products shipped back from Europe that were contaminated? It would not surprise me that pet product is still being contaminated. Didn’t someone post awhile back that melamine was found in animal feed just recently imported into Europe?

    Elaine and E: I agree with you 100%


  11. HighNote says:

    5catwoman where did you get your information about Darling National recall? I have not heard of one in Wichita Kansas. I live right outside of town. There is a Darling National in Kansas City. Guess that would be where the Science diet is made all the time. I would really like some info on your information and where you got it from. I tried to find some and could not find anything about it and I have not heard anything about it either and sure would like people in my area to know. thanks

  12. E. Hamilton says:

    There are ways to support Don Earl, many ways and the call for Amicus briefs is going out, to scientists and experts and pet parents who have suffered loss and expense and betrayal and we WILL be heard.

    Any pet “expert” that is not in the pocket of the PFI will be standing up and doing the right thing, and those that do not stand up?

    I think we should publish a list of the names of the “experts” who are less than upstanding and the lame excuses sure to be offered, for public ridicule and boycott.

    The darling recall notice, hidden for months by the FDA

  13. E. Hamilton says:

    Menu Foods just sold a factory.
    It was owned by Iams,until 1999, then it was bought by Procter&Gamble, who sold it to Menu Foods, who just sold it to Mars.

    Something about this seems like financial hanky panky to me.

    Big money 26 mill, hope it does not slip away before pet parents with a claim get their hands on it! Those menu Foods guys are really bad with “clerical errors” and the like, maybe a court needs to step in NOW and seize the documents and money before it “gets lost”.

  14. Trudy Jackson says:

    Don, thanks for posting the site.
    I take Clonazapam Myself, so what would it mean when it says -not listed?
    Also , Wal Mart had all their Iams Multicat dry on sale today. does anyone know why this is going on?
    My friedn bought a whole bunch of it. Thanks all,

  15. Trudy Jackson says:

    And what is this? DRT, Dry Rendered Tankage, also called Crax- Has Melamine in it? What in the world is it?

  16. Don Earl says:

    Lisa McCormick of Consumer Affairs had done an absolutely awsome job of covering aspects of the recall the mainstream media has completely ignored. Not just on the things I’ve been working on, but for a lot of other pet owners as well. IMO, this is the kind of journalism most Americans expect, but almost never see.

    Elizabeth Weise of USA Today contacted me on June 5th for an interview. After 40 minutes on the phone with her, not one word of what we discussed ever made it to print.

    CNN filmed two hours of interview with the head of ExperTox, and another hour with Steve whose pet food also tested positive for acetaminophen. None of that footage ever aired.

    A herd of reporters questioned the FDA in at least 14 press conferences. None of the mainstream articles ever reflected the tone of those interviews. As amazing as it may seem, my suit contains a good page and a half of statements made in those conferences which demonstrate the FDA’s slap happy approach to the investigation.

    My hat’s off to Lisa McCormick, and to a very long list of others who have helped along the way. Abbe Goldman of the LA Times who had the guts to use the acetaminophen word. Steve, Sharron and Donna for sharing their test results. A very long list of people who have shared their research efforts with me and provided information which helped fill in the big picture. The webmasters who have helped bring attention to the effort by sharing information in their communities. And a very, very, very long list of others who have made individual efforts of support in many ways, great and small. It all adds up and every little bit helps.

    Many thanks to all of you who have cared enough to lend a hand. I’m not especially comfortable with accolades and most days I figure folks ought to be able to lead themselves. If it’s necessary to be first among equals long enough to get the job done I suppose I can live with that. The next time though, you guys can file the lawsuits and I’ll write letters.

  17. Jenny Bark says:

    Please go on CNN, Lou Dobbs & vote. It’s about is our gov. doing enough to protect us from imports from China. Thank you. Lou Dobbs is under programs.

  18. Trudy Jackson says:

    Don, You know We will all help you in way We can. I’m so happy you’re going through with this. Yeah Don!

  19. Trudy Jackson says:

    I hope someone answers My questions up there? Thanks,

  20. Trudy Jackson says:

    Jenny Bark, I did vote on CNN. I also bought Lou Dobbs book. It’s wonderful.

  21. Geff says:

    This is freaking unbelievable. If I am reading this correctly, the problems are from USA rendering plants, not from China & China has been made a scapegoat by the FDA as part of their cover up?

    I really despise the Bushie’s, but this is a new low, or at least on par to lying about Iraq to get thousands of Americans needlessly killed.

  22. Jenny Bark says:

    Trudy Jackson I read his books too. He is something when he takes on anything. He says he justs wants a better world for his grandkids. I think he has a great staff too, and all the big shots watch him.He has been taken on China recalls & I bet he won’t stop until he thinks it’s safe. I wish we could get Don on his show. I believe he would have a lot of respect for what Don is doing. I’m going to e-mail him again & tell him about Don & how he is standing up for what is right.

  23. JJ in IL says:

    Along with the Nutro posts on the site Don Earl listed when you scroll down there is another company Intershore International in Torrance, CA with 30-Jul-2007 under Pet Food Recall with poisoned pet food listed. Is this another company Nutro uses or just another branch?

  24. Don Earl says:


    Dry Rendered Tankage is basically meat and bone meal. You probably wouldn’t want to know where the meat and bones come from though. As close as I can tell, it’s the stuff most of the horror stories are writen about.


    From everything I’ve been able to dig up, renderers are the most likely suspects, although it doesn’t have anything to do with melamine, which is virtually nontoxic. My best guess is they were spiking product with cyanuric acid to fake protein content, and got some bad batches that were either heavily cross contaminated with acetaminophen or acetaminophen mislabled as cyanuric acid. What’s important about the Darling evidence is it proves rendered product was being spiked. Melamine, cyanuric acid, urea, etc. are all virtually nontoxic, but are high in nitrogen, which makes them ideal choices for faking protein. I don’t doubt the gluten from China was spiked also, but that wasn’t what killed our pets.

  25. Roberto P. says:

    To quote EricV on the August 3rd thread :
    “There are also Natural Balance products on their, under Intershore International”

    If you look at the flavors, those are Natural Balance.

  26. Judy says:

    This is scarey stuff I will never buy Nutro products again, nor Hills or Iams. I wish I could do more than just get signatures on a petition but right now my last baby has a brain tumor.
    Don you are still my hero.

  27. Katie says:


    You’re my hero too. As a pet parent, I can’t thank you enough for what you’re doing as well as keeping us informed. I hope all the letters we write will make a difference.


  28. Geff says:

    Don, which ingredient do you believe is the culprit in most of the kidney failure deaths?

  29. sandi says:

    I wonder if they have salmonella??


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