Chicago Woman Sues Over Pet Food Recall

Cat Owner Seeks Class Action Lawsuit Claiming Company Delayed Recall

(AP)  A Chicago woman sued Menu Foods on Tuesday, alleging the pet food manufacturer delayed announcing a recall of 60 million containers of dog and cat food despite knowing its products were contaminated and potentially deadly.

Dawn Majerczyk, 43, said her orange tabby, Phoenix, fell sick last week just two days after he ate a single package of Special Kitty. It is one of 95 cat and dog food brands recalled by Menu Foods of Canada. Friday's recall came two weeks after nine cats died during routine company taste tests of its products, the Food and Drug Administration said.

Majerczyk said she took the 9-year-old cat to its first-ever veterinarian visit the day of the recall. The cat had lost six pounds in four days and was lethargic, dehydrated and nearly blind. She returned over the weekend to have him put down after his organs began to fail. Her suit, filed by Chicago attorney Jay Edelson, seeks class-action status.

“I want my vet bills and I want some compensation for what they did to my kids — and for the company's neglect,” Majerczyk, a medical assistant in a dermatology office.

The company said it had not seen the suit and had no comment. The FDA had no comment on the company's delay in announcing the recall.

The FDA so far has confirmed the deaths of 13 cats and one dog that had reportedly eaten the company's “cuts and gravy” style pet food. The wet food was sold throughout North America under store brands carried by Wal-Mart, Kroger, Safeway and other large retailers, as well as private labels like Iams, Nutro and Eukanuba.

FDA has sent inspectors to company plants in New Jersey and Kansas. Most complaints stem from products made at the latter factory, though both received shipments of wheat gluten, identified as a likely source of contamination, from the same supplier, said Stephen F. Sundlof, the FDA's chief veterinarian. The ingredient is a protein source used to thicken the pet food gravy. The FDA is screening pet food samples for substances known to be toxic to the kidneys, like toxins produced by molds.

A complete list of the recalled products along with product codes, descriptions and production dates was available from the Menu Foods Web site, http://www.menufoods.com/recall . The company also designated two phone numbers that pet owners could call for information — [phone] and [phone].

FDA inspectors had never before visited the Kansas plant. The FDA warned the company following a 2004 inspection of its New Jersey factory after it failed to flag food made for zoo cats of the risk of mad cow disease if the product were fed to cattle.

Menu Foods is majority owned by Menu Foods Income Fund of Streetsville, Ontario.

[susanhelit]

I know there's more than merely 13 - everyone who has a sick or dead pet needs to contact the FDA.

[cleanitup3]

If one in six animals died in the food trials why was this food allowed on the market? When did the US government learn of this? This is a travesty and tragedy and clearly brings to mind a situation in China where cold medicine was made with antifreeze, killing children. When will our regulators regulate properly? Will the kind of activity in third world countries become more and more prevalent here? Will the mighty dollar become more important than all life? If there was information published on the trials ( which should be required of all trials, food and drugs alike for humans and animals) this should not have been allowed.

[nothappyatall]

"Majerczyk said she took the 9-year-old cat to its first-ever veterinarian visit the day of the recall."

You mean to say this woman NEVER took her cat to the vet in over NINE years?? not even for vaccinations???

"The company said it had not seen the suit and had no comment. The FDA had no comment on the company's delay in announcing the recal"

It will see this one and hundreds more soon enough and the only comments we want from them are;

When are you shutting your plant down and going bye bye?

When do the owners of affected pets get their checks?

Whose head rolls for this?

Who is going to ensure this doesn't happen again?

[tracyadkins]

Our cat BigFace became gravely ill with profound kidney failure after eating a pouch of special kitty cat food purchased at Wal-Mart. I agree the manufacturer was remiss in not alerting the public sooner. My cat will require a 300 cc bi-weekly fluid bolus, special diet and medications for the rest of life, the length of which remains uncertain. If not for the amazing and prompt response of Dr. Ard and his team at Southway Animal Clinic in Lewiston Idaho, our beloved cat most certainly would be dead.
The hardest thing to understand is that we provided him a diet touted as healthy in good faith that it was safe and it may yet take his life. This has been heartbreaking for our family.

[randalds]

It's time to demand a congressional investigation into where the FDA screwed up and let this happen. Not just because of the deaths of so many dogs and cats (as if that wasn't bad enough) but because they are the same people charged with keeping the human food supply safe. This could have just as easily been contaminated baby food and pet food. Our government is legally required to ensure that all cat and dog food is also safe for human consumption and it's obviously not the case here.

[randalds]

"FDA inspectors had never before visited the Kansas plant. The FDA warned the company following a 2004 inspection of its New Jersey factory after it failed to flag food made for zoo cats of the risk of mad cow disease if the product were fed to cattle."

The FDA is stretched incredibly thin. Massive budget cuts for their department have led to a loss of many inspectors, but that's still no excuse. we MUST demand that Congrees look into this to see if FDA funding is up to that point where the food supply of animals and humans alike are being properly inspected. This is not a story that is (or should) just going to go away like I'm sure they hope it will!

[acauble1]

The FDA is stretched incredibly thin. Massive budget cuts for their department have led to a loss of many inspectors, but that's still no excuse. we MUST demand that Congrees look into this to see if FDA funding is up to that point where the food supply of animals and humans alike are being properly inspected. This is not a story that is (or should) just going to go away like I'm sure they hope it will!
Posted by RandalDS at 02:10 AM : Mar 21, 2007


I hate to make my argument political, but to those who feel that the federal government should be cut and slashed to a 'skeleton' level all for the sake of personal tax breaks, (most of which benefit the wealthy)...

...I have to ask; when are cuts in government too much?

And if your answer is "no amount of cuts are too much"... then I have to ask:

How many of your loved ones have to die before you realize that government actually does play an important role in our lives.

There is no life, or liberty, or pursuit of happiness when our food, our water, and our air is too poisonous to consume!

[rillifane]

acauble1

I understand your concern but it doesn't take FDA inspectors to insure the safety of the animal or human food supply.

All that's required is to allow easier class action status and to remove various limits and inhibitions on law suits or, in most cases, just to let American tort law work its way.

Manufacturers work to insure the safety of their products far more to avoid lawsuits than to placate Federal inspectors.

The law has come a long way since the days when doctrines like caveat emptor denied justice to the victims of shoddy commercial practices and when legal assistance for the common man was often unavailable.

Federal inspectors didn't forestall problems even before any cuts in their budgets.

And, given the apparent source of this problem, They wouldn't have caught this either even if they had been there.

[dgquast]

"All that's required is to allow easier class action status and to remove various limits and inhibitions on law suits or, in most cases, just to let American tort law work its way.

Manufacturers work to insure the safety of their products far more to avoid lawsuits than to placate Federal inspectors."

Spoken like another dirtbag lawyer acauble1

[hollyt2-2009]

I understand the womans hurt but she calls the company neglect??and she says she never has taken her cat to a vet in 9 years either. that to me is neglect and serious if this cat has never had a check-up or maybe no shots. either she is neglectful or just plain to cheap to take her cat. once again it could all boil down about the money.

[jester188]

So let me get the straight... this lady has no prior vet documents to prove that her cat was healthy because she in the nine years never once took her cat to vet for anything... even boosters...

yeah, okay lady your going to win this one...

i will sopport those with real cases and not just trying to make a quick buck because the chance is there...

For those people who lost their pets I hope you get some sort of compensation for vet bills or just the loss... and as for the lady.. get your head out of your a$$... you have nothing... you didn't even take care of your pet with regular vet visits... and now you want someone to pay for your own incompetence....

[olebd]

We only have so much money and most of what we have left (if any) is going to Iraq and Afghanistan. More of this will happen until we take care of our own county before all the others for a change.

[hollyt2-2009]

dear: Posted by olebd at 08:18 AM : Mar 21, 2007?so milk comes from a cow1 what does giving your money to Iraq have to do with a cat?

[ekucrew]

NO vet appointments in 9 years??

[cwalkowicz]

For those of you that find this amusing just image it the next time they say "only a few people died of e coli". My cat ate one package of the Iams Selects Bites and became so ill that he has had IV fluids for four days now. That is only the tip of the iceberg in terms of his treatments. I have $1544. to date in Vet bills and have yet to determine if he has permanent damage. Unfortunately for all you doubters, I bought the stuff on the internet, have the purchase and delivery receipts and dates as well as the package numbers with the exact serial numbers on them. My cat is four years old, has seen a vet for his annual shots four weeks earlier and was in PERFECT health. There is no doubt in my vet's mind that the cat became ill from the contaminated/poisoned food.

Next time there is a product contamination we should all ask that it be sent to the guy who said it doesn't matter -- that way we won't have to care.

[jetlizhan]

good for her for the lawsuit. . .but no vet visit in 9 yrs? did her cat not get the yearly feline shots? she needs to explain this because that is being very negligent on her part. i had a healthly cat for 15 years but he ALWAYS got his yearly shots.

[kinmalie]

I checked my ferret's KAYTEE food and the product is manufactured in Kansas. Are all foods being checked for all pets? My ferret is still recovering from a sudden onset of weakness/couldn't walk and dehydration a couple weeks ago. I noticed that when she was not given the ferret food and given a cat food that is not on the recall list she has improved. Is there a link? I wonder.

[ekucrew]

Some reports from media state there are 16 dead cats so far. This is bunk! Who knows how many have died since last fall when the cat food was packaged and sold. The odds are many pet deaths from this mess will unfortunately go under the radar.

Are the hacks that produced the food going to compensate owners who had pets that died?

[bennerdjr]

The comments about no vet visits in nine years are off target. The article states only that the cat was nine years old. It doesn't say how long that owner had the cat. I would imagine a "good" lawyer would check such things before offering to take case. After all in a class action suit the lawyer would make more than any of the people suing.

[olebd]

dear: Posted by olebd at 08:18 AM : Mar 21, 2007?so milk comes from a cow1 what does giving your money to Iraq have to do with a cat?
Posted by hollyt2 at 08:40 AM : Mar 21, 2007

I'll slow it down for you...

F-o-o-d s-a-f-e-t-y and the monitoring of such will suffer due to lack of funds and whatever funds are left being re-directed to other countries such as Iraq thus making more cats, dogs and people sick or dead. Better take up gardening.

[cmp271]

The company deserves to be sued. Pets are just like kids to allot of us. They unconditionally trust us to take care of them, and when we give them something that makes them ill and they die from it, how do you think it would make the owner feel? We trust companies to produce food, and when the company does something like this it is very unethical. I would sue also, in fact I wonder how long this has truely gone on for, I hope these people win this and the company has to shell out lots. I know I would never forgive myself for causing harm to any of my cats.

[olebd]

These food companies should be required to thoroughly test every batch of product before it leaves their facilities. Quality control has been taking a nose dive for years now all across the board.

[kimball52]

I have two dogs that are infected and they have have seen a vet often . They both now are on IV'S to clean out their kidneys and how know where i go from here . I really don't think that it has anything to do with the women not seeing a vet for 9 years. You could see one everyday and it still could have happen . The part that is crazy is that Menu foods hot line is no help all they will tell you is you will have some one contact you in 48 hours and its been 56 hours and no call. Talk about ***.

[eleanor18-2009]

My dog Wyatt died on March 9, 2007 due to severe kidney failure. at the time I had no idea why he got it so suddenly and I just kept saying how could this be he was just fine. It started with weak legs that I thought was just arthritis. then he started shivering, then he was drinking a ton of water and peeing a lot. and then he went downhill like a rocket and before I could take him to the vet to put him to sleep he died. I just can't believe it! I wish all of you well and I hope your little pets make it through this and that some how you get compensated for your loss. I don't have an attorney nor can I afford one but if there is a class action lawsuit I would hope I could join in. Nothing will bring back Wyatt or make my guilt go away.

My deepest sympathy to all of you.

[cwalkowicz]

To Kimball52 from CWalkowicz: My vet called me back at 9:30AM EST this morning. My cat's kidney function is continuing to deteriorate even though he stopped eating the food last Thursday. He is now on continuous IV fluids and has a 50/50 chance of survival. You are right - you cannot even get through to the pet food company hot lines. Not Menu, not Iams, not P&G. My Vet cannot get even through.

And Iams markets itself as "THE SUPERIOR BRAND".
Shame on you (P&G)Proctor & Gamble - you buy from Menu foods that makes every discount brand in the nation. Another dishonest marketing campaign - what a shock. I guess they're busy covering they're proverbial a***s, worrying about how much money this will cost them. Note to P&G: Focus on your corporate image - it's getting worse by the hour.

[rohink-2009]

Her suit, filed by Chicago attorney Jay Edelson, seeks class-action status.


What this country needs is more "class action lawsuits". That way, all the people that have been affected can get their $2.00 pay off checks and the lawyers can get millions.

[eleanor18-2009]

There is no way to tell how many animals have died. They don't have the open cans anymore for proof. I am sure it affected older animals most. And since older animals get chronic renal failure from old a get that is what most of us will chalk it up to. I know I did. But chronic failure is a much slower process years sometimes. Mine was a little over a week. Please don't judge people on here, they are heart broken enough and the guilt is a hard thing to live with. Please be kind and understanding. You have no idea what their life situation is.

[debluezzman]

Sued hell. they should be all shot, I have no mercy for greed mongers

[eleanor18-2009]

What I can't believe is that Menu foods has the gall to write that they are losing over 40 mil. How dare they whine about money when it was cutting corners in the first place to make a buck that caused this problem. How dare they even expect anyone to feel sorry for their financial loss!! That is what makes me the angriest.

[sugarmice-2009]

My thoughs and prayers are with all of you that have lost a pet or going through veterinary care - I just lost a pet a month ago (not due to food) and it was so heart wrenching. I am still grieving for my poor little guy. I feel because it was animals involved the company wasn't too concerned why else would they wait a month to say something. I agree lawyers are greedy and will take on any case to make money but sometimes there is a "good" cause for a class action case and I believe this is one of them. Animals can't speak for themselves and rely on us to convey messages - and this is one lesson this company needs to learn - animals are special and we need to do everything we can to keep them healthy and I really wish some people would stick to the story and not put everything on the war - the war in Iraq had nothing to do with this so keep the political garbage where it belongs please - thank you

[dollybaird]

I feel so bad for all of you who have lost your pets, my sympathy goes out to you; our animals are a big part of our families. I feel fortunate that my dogs and cats where not affected, I have been feeding my dogs and cats all Purina products for many years now, what I was surprised to read was the fact that Eukanuba, Iams and a few others were named along with your %u201CWal-Mart and Supermarket Chains%u201D

When are food regulations going to get tougher, now animals are dying, what about the most recent food scare; Taco Bell and lets not forget the hamburgers and turkey meat?

WE NEED STRONGER REGULATIONS on the food we eat and our pets eat%u2026.BOTTOM LINE!!

[mistyaz]

We have to worry about contamination in our spinach and peanut butter and now our pet's food? I applaud the woman for filing a class action suit - it seems that in our litigious society it's a lawsuit that brings about needed change and that change is to beef up FDA inspections and companies being held accountable for the safety of the products we consumers put into our bodies and those of our pets. I'm lucky that I have a cat that is allergic to wheat gluten so I did not buy any of the affected products thus saving all 3 of my cats but who's to say next time that it won't be another ingredient that causes illness/death in my beloved pets? or another outbreak of e-coli or salmonella in another food source?

[rohink-2009]

What I can't believe is that Menu foods has the gall to write that they are losing over 40 mil. How dare they whine about money when it was cutting corners in the first place to make a buck that caused this problem. How dare they even expect anyone to feel sorry for their financial loss!! That is what makes me the angriest.

How many people does this company employ? How many people are in danger of losing their job if this company goes bankrupt? How many millions will trial lawyers make with their "class action" lawsuits? And finally how much compensation will the grieving pet owners get from the lawsuits?

[sanleigh]

Does the fact that this originated in Canada open any ones eyes about the free trade issue?
If Canada did not have certain agreements with the U.S., there would probably be stricter guidelines with the FDA. The FDA actually has less control (in some cases none) over products made in Canada and Mexico. It seems to me that it is easier for Canada and Mexico to distribute to the U.S. that it is for U.S. companies.
As for the lady with the cat who had not been to the vet: Anyone ever think that she adored her animal but could not afford proper medical care? Get over your snobbish additudes. People do the best they can with what they have to work with. Money does not increase your capability to love.

[sanleigh]

Does the fact that this originated in Canada open any ones eyes about the free trade issue?
If Canada did not have certain agreements with the U.S., there would probably be stricter guidelines with the FDA. The FDA actually has less control (in some cases none) over products made in Canada and Mexico. It seems to me that it is easier for Canada and Mexico to distribute to the U.S. that it is for U.S. companies.
As for the lady with the cat who had not been to the vet: Anyone ever think that she adored her animal but could not afford proper medical care? Get over your snobbish additudes. People do the best they can with what they have to work with. Money does not increase your capability to love.

[catjunction]

My cat will be checked at the vet's tomorrow, due to the fact she has had a consistent diet of one of the recalled brands. I, too, will sue if there turns out to be a problem.
As if contaminated animal food isn't bad enough, everyone should check out the PETA information on the internet regarding menufoods cruel animal testing labs. It's disgusting!

[catjunction]

My cat will be checked at the vet's tomorrow, due to the fact she has had a consistent diet of one of the recalled brands. I, too, will sue if there turns out to be a problem.
As if contaminated animal food isn't bad enough, everyone should check out the PETA information on the internet regarding menufoods cruel animal testing labs. It's disgusting!

[cstonee]

My Cat stopped eating March 5th and started drinking a lot of liquids. He just wasn't himself anymore and I noticed a rapid weightloss . So I took him to the vet on March 8th. He suggested a bloodtest and called me the next morning to come in and discuss. Unfortunately his count was over 200 instead of 15-34. His kidneys had already completely failed so I had to put him down. Then just a little over a week later we hear about the catfood recall!!!! Coinsidence??? Yeah right!

[dredre2k]

Wow, just from reading this page it sounds like a lot more pets have died. This is horrendous alone, but the fact that the company knew about the tainted food one month earlier (and did nothing) is even worse!

[rohink-2009]

As if contaminated animal food isn't bad enough, everyone should check out the PETA information on the internet regarding menufoods cruel animal testing labs. It's disgusting!
Posted by catjunction

People complain that the company didn't do their job to properly determine that the food was safe.

So,how do you propose we determine whether food is safe or not. Start testing on humans?

Don't worry, the trial lawyers will make it all better.

[maxium6]

I matters not, what the company loses. They shall expect the consumer to foot the bill. Stick with dry food. I never have trusted anything in a pouch, and that includes people viddles. One pin hole can cause spoilage.

[420greg]

The reason for the delay in the announcement was purely financial. I am sure it was the private brands that did not want the fact to come out that they food they sell for 3.95 is the same food wal-mart sells for 87 cents. The private labels were more than happy to let these pets die then to let their little secret out.

[420greg]

The reason for the delay in the announcement was purely financial. I am sure it was the private brands that did not want the fact to come out that the food they sell for 3.95 is the same food wal-mart sells for 87 cents. The private labels were more than happy to let these pets die, then to let their little secret out.

[eltink]

I have contacted an attorney in New York; I'm in California; if I find out he has started or will start a class action suit on behalf of the pet owners whose cats/dogs have died and/or suffered kidney failure or damage due to this, I will let you all know ... and I'm certain the news media will also be alerted, so everyone affected can join. As for the "$2.50" the plaintiffs may or may not get, and making the "lawyers rich" ... it's not about the money. It's punitive. If a law firm makes millions, good for them. It's what they do. Just like making non-toxic pet food is what Menu Foods was supposed to do. And yes, it will undoubtedly put the company out of business. GOOD. We'll be sending a message that you don't MESS with our kids, our pets, or our friends' lives, or you WILL pay. Perhaps the next huge corporation churning out pet food will be a little more cautious, and a little more forthcoming with information the consumer SHOULD have had almost a full MONTH earlier!

[rohink-2009]

As for the "$2.50" the plaintiffs may or may not get, and making the "lawyers rich" ... it's not about the money. It's punitive. If a law firm makes millions, good for them. It's what they do.

If it's not "about the money" why do the lawyers take the money over and over again? They prey on peoples grief. They are scum.

[yoopermom]

If this was her "kids" first vet visit in nine years, doesn't sound like she was a responsible parent.

[galaxiana]

I am absolutely INCREDULOUS that 9 of their own cats died from eating this tainted food, TWO WEEKS before they even made an announcement!

For those unfamiliar with "usability testing," and "Quality Assurance" (QA), companies do these things BEFORE shipping the product, because shipping and marketing expenses are often higher than the cost of making the product itself.

This company could have stopped most, if not all of the customers' pets' illnesses and deaths if they'd IMMEDIATELY put a stop to the tainted shipments. It's likely that at the point their own cats died, they could pinpoint EXACTLY which batches were tainted, and have saved themselves a "total recall" expense as well as everything that is following.

This company and its executives deserve everything they get in this case. I hope lots of their heads roll, competitors step into their (seemingly practically monopolized) space, and most of all I hope that the lawyers for the affected pet owners eat this company alive!

I'll be checking for those PETA images someone else mentioned, too. A company that makes its livelihood from PET FOOD, of all things, should have the utmost respect for animals they use in "usability" testing!

[eltink]

They may BE scum; however, they are doing what they do to make money. And they're not killing anyone in the process (usually). Again, just like the pet food company SHOULD have been doing what IT was supposed to do for money. The point is, ANYONE can make a mistake, even one that kills. But to cover up that mistake for nearly a month is inexcusable. And why did they do THAT? FOR THE MONEY they'd make during that time period. And you think ATTORNEYS are scum????

[lovemydogs2]

i have grown up with the best dog breeder, and lover of all animals. my 83yr mum has always taught me to NEVER BUY PET FOOD IN STORES, and we have always cooked our own dog food. this certainly is the safest way to protect our animals from these very 'suspect" companies who claim to have nutritious and safe pet food.
i suggest to all pet owners, stop buying all pet food from stores, go to your vet for advice on safe alternatives, or cook your own pet food.
the best way to send a message to ALL BRANDS AND COMPANIES THAT MAKE PET FOOD IS STOP SUPPORTING THEIR INDUSTRY, BAN THEIR PRODUCTS ALL TOGETHER.
THAT IS THE ONE AND ONLY WAY TO SEND THEM A CLEAR MESSAGE. IF EVERYONE DID THIS, BELIEVE YOU ME, THEY WOULD SIT UP AND TAKE NOTICE.

good luck to all, and love your pets
Leslie

[nothappyatall]

"Just like making non-toxic pet food is what Menu Foods was supposed to do. And yes, it will undoubtedly put the company out of business."

No, their company liability INSURANCE as well as the way corporations are set up shielding individual employees from personal liability will cover the suits.

Or they can just go bankrupt on paper, "sell out" to a dummy corporation, rename and start anew.

Being this is a Canadian company there may be some issues with trying to sue and actually collect from a company that is not within the US borders.