Beneful Class Action Lawsuit
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Beneful Class Action Lawsuit
PRESS RELEASE
FOR IMMEDIATE RELEASE
CONTACT: Russell Keith
Monday, May 14, 2007 (305) 358-6555
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 foods. 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."
A copy of the Complaint and supporting research materials is available at www.mflegal.com/petfoodlawsuit.
For more information about Maltzman Foreman PA please visit http://www.mflegal.com/.
Other Sites of Interest:
- Ask Susan Peters (click here)
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- Pet Food Ratings (click here)
See all the reviews for cat food, cat treats, dog food, and dog treats
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Comments
Arleen,
Beneful has dodge the recall but not pet deaths and illness. Beneful is named in the Class Action because it is killing dogs and cats!
Don't forget about National Pet Food Boycott week schedualed for June 17 - June 23rd. During this time don't purchase any commercial pet foods. Be sure NOT to stock pile any foods during the time just before the Boycott week. We want to be sure and hit these companies in the wallet and make a statement!
Use this time to make homemade pet foods or feed baby food. Your pet's heath should improve, too!
Most important, get the word out about National Pet Food Boycott week. Tell your friends, neighbors and anyone you can think of.
Be aware the pet food companies are going to fight back. They are going to offer sales, coupons, new products, anything to encourage people to use commerical pet foods.
Susan
Arleen,
My daughter's yorkie has eaten Beneful since a pup, which I now know was a huge mistake! I have taken him to various vets since January with fever, hotspots, orange urine, behavior changes, etc. He went from being very playful to sleeping all day. I could tell he was miserable, his little eyes were so sad. Neither vet could tell me why he was getting these hot spots or other symptons, they would just prescribe antibotics and they would clear up temperarely. A week off the antibotics and he would have another break out, as well as the other symptoms returning. They both assured me he was not having the symptoms because of the food he was eating. The first Vet even prescribed Royal Canin ss21 to improve his skin condition. When I went to buy a new bag, it was on the day it was recallled, so he went back to the Beneful. I am writing a response because I met a pet owner this weekend while I was walking Maverick, she told me her dog had just passed away from eating Beneful dog food. Her pet had the same symptoms as Maverick. I have spent over a $ 1,000. in Vet Bills trying to heal my Grand Dog so please tell me why is this poison still being sold!!!
WE LOST OUR MINIATURE SCHNAUZER, JOY ONE WEEK AGO. SHE GAVE UNCONDITIONAL LOVE TO OUR FAMILY FOR 11 YEARS. SHE WAS PERFECTLY HEALTHY UNTIL LAST FALL. OUR VET DX. CANINE DIABETES, PUT HER ON INSULIN AND SCIENCE DIET FOR DIABETES. I AM A NURSE, I RESEARCHED CANINE DM, DID EVERYTHING TO MONITOR HER BLOOD SUGARS WITH A GLUCOMETER, MEASURED HER FOOD AND EXERCISE. SHE DID GOOD UNTIL EARLY THIS YEAR, THEN SHE STARTED HAVING ELEVATED KIDNEY FUNCTION TESTS, NAUSEA,VOMITING, SKIN IRRITATION, WOULD NOT EAT AND BECAUSE STRESS OF ANY KIND CAUSES BLOOD SUGAR TO ELEVATE (EVEN WITH NO FOOD INTAKE) WE MADE OUR OWN FOOD FROM DOG RECEIPES, SHE IMPROVED BS WERE IN CONTROL AND SHE WAS GETTING PLAYFULL AGAIN. WE WENT ON TRIP, RAN OUT OF HOMEMADE FOOD AND BOUGHT BENEFUL "WET" PKG FOODS BECAUSE IT SOUNDED SO HEALTHY....WRONG....SHE GOT SICK AGAIN, VOMITING, LETHAGIC, STOP EATING, BS ELEVATED. VET TESTS SHOWED KIDNEY FAILURE, AFTER SEVERAL TRIPS TO VET FOR IV FLUIDS, ABX, TESTS....OUR PRECIOUS JOY WENT INTO ORGAN FAILURE AND THE VET STATED HER ORGANS WERE "SHUTTING DOWN".. I AM A REGISTERED NURSE, CURRENTLY WORKING AS A HOSPICE NURSE AND I KNEW WHAT THE VET WAS TELLING ME....I HELD MY PRECIOUS PET, TOLD HER I LOVED HER. SCHNAUZERS ARE VERY "VOCAL", SHE MADE HER USUAL RESPONSE, THEN GAVE A WHIMPPER AND TURNED HER HEAD AWAY. SHE LEFT US ON 06-09-07. I WAS TOLD DM IN DOGS IS NOT GENETIC, IT IS NUTRITION RELATED. WE FED JOY SCIENCE DIET MOST OF HER LIFE, WITH PURINA ONE MILK BONE TYPE TREATS. GOD MADE VULTURES TO EAT DEAD, ROTTEN FOODS, OUR PETS BODIES WERE NOT MADE TO EAT SUCH STUFF THAT IS ALLOWED TO BE PUT IN OUR PETS FOODS.
Laverne,
I am so sorry. What a great story you have written. You were able to put into words what each of us have been thinking and feeling.
Susan
I started feeding my 7yr old pomarranium beneful for about three weeks she started vomiting on jan 30th and then I found her dead that night could this be from beneful.
315Danyel,
Sounds just like what all the other pet owners have described as to the effects of feeding Beneful.
I'm sorry for your loss.
Susan
Robyn,
You posted some personal information which I don't want to have exposed so you may be protected. I'm going to delete your comment and post it back via my comments excluding the personal information.
I have a link I feel you should take a look at.
Susan
Robyn Mitar says:2 hours ago
My dog WAS a Beneful dog food eater. I used WAS because she had to be euthanized on Friday, February 8th, 2008, after she suddenly stopped eating on January 29, 2008.
She became lethargic and would not eat anything. I took her to the vet a day & a half later at which time they said she had a fever and was dehydrated. She spent the night and was released on Friday, February 1st.
Saturday (Feb. 2) and Sunday (Feb. 3rd) she still refused to eat, diahrrea began, multiple bouts of vomiting this gold/red greasy substance. I returned her to the vet this past Monday (Feb. 4th). She could hardly walk, still refused food, and was clearly in crisis. They kept her and ran blood tests which showed she was in kidney failure, liver failure, and possibly had pancreatitis. She was being fed fluids via IV. A 2nd blood test was taken which revealed similiar, frightening numbers.
Wednesday, Feb. 6th, she was rushed to a Critical Care Vet's office, they flooded her with fluids to try to re-start her kidneys. An ultrasound was conducted which surprised the vet because he did not see anything abnormal. Evertyhing should have been working. He suspected the Gall Bladder was behind the gold/red vomit. Her blood tests revealed no crystals, no poisons, etc... Just sudden kidney and liver failure.
Thursday, all though she was still on an IV, her body would not produce urine. More ultrasounds, a catheter was inserted. NOTHING! She could hardly walk, her body gained about 6lbs. in fluids, she had a hard time focusing on us, she was lethargic....Clearly, my dog was dying! Her BUN and Creatinine levels were extremely elevated. Everything showed she was in kidney failure.
On Friday, two days ago, I made the decision to put her to sleep. She was gasping for breath, panting so heavily and clearly was miserable.
I am reading these comments about this Beneful and I am furious! How could my healthy dog suddenly get sick & die within 10 days????? I want information and I am not going to let this go.
Robyn,
That link is Free Online Pet Food Recall Information - Buyers Guide http://hubpages.com/hub/Free-Online-Pet-Food-Recal
I have fed my schnauzer purina for just over 5 years now. In the last year he started throwing up quite a bit and went through stages of not eating. I took him to the vet a few times and there was nothing that showed to be wrong. He did not have any behavioral changes but one day almost two weeks ago he started squatting in the house and he was not doing anything. He never peed in the house or even attempted especially when we were home. He then was let out and I realized he still was not peeing. I took him to the vet and the vet said that he had a blockage and he should be put to sleep because it will come back and it is very uncomfortable for them. This dog was like my kid, are family is suffering very much.
Ashley,
I am so sorry about your schnauzer. Purina seems to be the worst food on the market. Many of Purina pet foods score only 1 or 0 out of a possible 10 points in the pet food reviews. I don't know what hurts worse, knowing Purina is killing pets or knowning Purina hasn't done anything about changing their pet food recipes.
Susan






Arleen says:
3 years ago
I am writing a comment because I have been feeding my 8 yr old dog Purina Beneful dry food. He has not been himself and is throwing up and acting strangely, and you could see he is constantly nautious. Is this also happening to other pets? Is this a recalled product?