A dog owner in the Chicago area has filed a class action lawsuit alleging
that his 9-year-old Pomeranian died as a result of eating Nestlé Purina¹s
Waggin¹ Train Yam Good dog treats. The fatality and resulting lawsuit are
the most recent in a series of events illustrating the public¹s growing
anxieties over an apparent connection between chicken jerky treats from
China and a surge of unexplained illness in dogs.
According to the lawsuit, filed on April 18 in U.S. District Court for the
Northern District of Illinois by Dennis Adkins of Orland Park, Ill., the dog
became ill and died of kidney failure less than two weeks after consuming
the treats in March. Adkins says he gave one of the treats to his dog daily
for two days and that no other changes were made to the dog¹s diet. His
other Pomeranian was not fed the treats and did not become ill. The suit
names as defendants Waggin¹ Train LLC, the manufacturer of the product;
Nestlé Purina Petcare Co., the corporation that owns Waggin¹ Train LLC; and
Wal-Mart Stores, Inc., the distributor.
The lawsuit states that although Nestlé Purina and Waggin¹ Train had
received complaints of more than 500 incidents in which dog treats
containing chicken jerky imported from China caused dogs to become sick or
die, they continued to market their product as being ³wholesome² and placed
no warnings concerning the product on the packaging. Additionally, it states
that Nestlé Purina and Waggin¹ Train knew there was a substantial risk of
death or harm associated with its dog treats and intentionally concealed
known facts concerning the safety of the dog treats in order to increase or
maintain sales.
Keith Schopp, spokesperson for Nestlé Purina and Waggin¹ Train, states, ³We
believe the claims made in the lawsuit to be without merit and we intend to
vigorously defend ourselves. We can say that Waggin¹ Train products continue
to be safe to feed as directed.²
The lawsuit brings eight counts against the defendants by Adkins and on
behalf of all consumers who purchased the chicken jerky dog treats. The
allegations include breach of implied and express warranty, consumer and
common law fraud, unjust enrichment, negligence, and strict products
liability with defective design or manufacture and failure to warn. Adkins
is seeking an excess of $5 million for compensatory and punitive damages and
costs of the suit.
The case is just one of many reported incidences of illness in pets in
association with the consumption of chicken jerky products. Numerous
complaints concerning Waggin¹ Train chicken jerky treats sickening or
killing dogs can be found on the Internet and have sparked the creation of
petitions and social media groups by and for pet owners who have lost their
pet to illness that they believe is associated with the treats.
Dating back to 2007, the U.S. Food and Drug Administration (FDA) has been
investigating a potential connection between the illnesses reported and the
treats and has tested a number of samples for contaminants and toxins.
However, according to the FDA, scientists have been unable to determine a
definitive cause for the reported illnesses. Unless a contaminant is
detected and there is evidence that a product is adulterated, the FDA is
limited in the regulatory actions it can take.
The FDA did issue cautionary warnings to the public concerning chicken jerky
treats in September 2007 and issued a Preliminary Animal Health Notification
in December 2008. The number of complaints declined during the latter part
of 2009 and most of 2010, the agency reports, but an increase in consumer
complaints prompted the FDA to issue a cautionary update again in November
2011. Since that issuance, there has been a steady rise in complaints
regarding the chicken jerky products,with more than 900 cases reportedly
affected by consumption of these treats, the FDA says.
No recalls have been issued for Waggin¹ Train or any brand of chicken jerky
treats to date. On the company¹s web site, Waggin¹ Train addresses consumer
concerns and continues to maintain the integrity and quality of their
chicken jerky treats, asserting a comprehensive food safety program and
strict quality assurance teams dedicated to overseeing the various steps of
the manufacturing process.
Despite the absence of a formal recall, the FDA recommends that pet owners
monitor their dogs closely for signs of illness if they choose to feed
chicken jerky treats. Symptoms of disease include vomiting, lethargy and
anorexia, and based on preliminary data, the problem appears more likely to
occur in small-breed dogs that are fed the treats regularly or in amounts
exceeding the labeled feeding recommendations. Veterinarians who suspect a
pet illness associated with the consumption of chicken jerky treats are
urged to report the case to the FDA immediately.
Related Links
FDA issues health warning to veterinarians, pet owners about chicken jerky
products from China
http://veterinarynews.dvm360.com/dvm/Veterinary+news/FDA-issues-health-warning-to-veterinarians-pet-own/ArticleStandard/Article/detail/749800>
More complaints; more caution from FDA about chicken jerky products for dogs
http://veterinarynews.dvm360.com/dvm/Veterinary+news/More-complaints-more-caution-from-FDA-about-chicke/ArticleStandard/Article/detail/572912>
that his 9-year-old Pomeranian died as a result of eating Nestlé Purina¹s
Waggin¹ Train Yam Good dog treats. The fatality and resulting lawsuit are
the most recent in a series of events illustrating the public¹s growing
anxieties over an apparent connection between chicken jerky treats from
China and a surge of unexplained illness in dogs.
According to the lawsuit, filed on April 18 in U.S. District Court for the
Northern District of Illinois by Dennis Adkins of Orland Park, Ill., the dog
became ill and died of kidney failure less than two weeks after consuming
the treats in March. Adkins says he gave one of the treats to his dog daily
for two days and that no other changes were made to the dog¹s diet. His
other Pomeranian was not fed the treats and did not become ill. The suit
names as defendants Waggin¹ Train LLC, the manufacturer of the product;
Nestlé Purina Petcare Co., the corporation that owns Waggin¹ Train LLC; and
Wal-Mart Stores, Inc., the distributor.
The lawsuit states that although Nestlé Purina and Waggin¹ Train had
received complaints of more than 500 incidents in which dog treats
containing chicken jerky imported from China caused dogs to become sick or
die, they continued to market their product as being ³wholesome² and placed
no warnings concerning the product on the packaging. Additionally, it states
that Nestlé Purina and Waggin¹ Train knew there was a substantial risk of
death or harm associated with its dog treats and intentionally concealed
known facts concerning the safety of the dog treats in order to increase or
maintain sales.
Keith Schopp, spokesperson for Nestlé Purina and Waggin¹ Train, states, ³We
believe the claims made in the lawsuit to be without merit and we intend to
vigorously defend ourselves. We can say that Waggin¹ Train products continue
to be safe to feed as directed.²
The lawsuit brings eight counts against the defendants by Adkins and on
behalf of all consumers who purchased the chicken jerky dog treats. The
allegations include breach of implied and express warranty, consumer and
common law fraud, unjust enrichment, negligence, and strict products
liability with defective design or manufacture and failure to warn. Adkins
is seeking an excess of $5 million for compensatory and punitive damages and
costs of the suit.
The case is just one of many reported incidences of illness in pets in
association with the consumption of chicken jerky products. Numerous
complaints concerning Waggin¹ Train chicken jerky treats sickening or
killing dogs can be found on the Internet and have sparked the creation of
petitions and social media groups by and for pet owners who have lost their
pet to illness that they believe is associated with the treats.
Dating back to 2007, the U.S. Food and Drug Administration (FDA) has been
investigating a potential connection between the illnesses reported and the
treats and has tested a number of samples for contaminants and toxins.
However, according to the FDA, scientists have been unable to determine a
definitive cause for the reported illnesses. Unless a contaminant is
detected and there is evidence that a product is adulterated, the FDA is
limited in the regulatory actions it can take.
The FDA did issue cautionary warnings to the public concerning chicken jerky
treats in September 2007 and issued a Preliminary Animal Health Notification
in December 2008. The number of complaints declined during the latter part
of 2009 and most of 2010, the agency reports, but an increase in consumer
complaints prompted the FDA to issue a cautionary update again in November
2011. Since that issuance, there has been a steady rise in complaints
regarding the chicken jerky products,with more than 900 cases reportedly
affected by consumption of these treats, the FDA says.
No recalls have been issued for Waggin¹ Train or any brand of chicken jerky
treats to date. On the company¹s web site, Waggin¹ Train addresses consumer
concerns and continues to maintain the integrity and quality of their
chicken jerky treats, asserting a comprehensive food safety program and
strict quality assurance teams dedicated to overseeing the various steps of
the manufacturing process.
Despite the absence of a formal recall, the FDA recommends that pet owners
monitor their dogs closely for signs of illness if they choose to feed
chicken jerky treats. Symptoms of disease include vomiting, lethargy and
anorexia, and based on preliminary data, the problem appears more likely to
occur in small-breed dogs that are fed the treats regularly or in amounts
exceeding the labeled feeding recommendations. Veterinarians who suspect a
pet illness associated with the consumption of chicken jerky treats are
urged to report the case to the FDA immediately.
Related Links
FDA issues health warning to veterinarians, pet owners about chicken jerky
products from China
http://veterinarynews.dvm360.com/dvm/Veterinary+news/FDA-issues-health-warning-to-veterinarians-pet-own/ArticleStandard/Article/detail/749800>
More complaints; more caution from FDA about chicken jerky products for dogs
http://veterinarynews.dvm360.com/dvm/Veterinary+news/More-complaints-more-caution-from-FDA-about-chicke/ArticleStandard/Article/detail/572912>


