Pet Food Recall Alerts

A court opinion issued today means pet owners may finally be paid for claims filed due to the 2007 pet food recall.

Four years after pet food contaminated by poisonous melamine killed and sickened tens of thousands of cats and dogs in North America, a court opinion issued today may open the door at last to payment of claims by owners of affected pets.

The opinion by Judge Noel Hillman in U.S. District Court in New Jersey was the last piece of court action required to put to rest appeals of a $24-million pet food settlement approved by Hillman in October 2008.

“I am hopeful that we can begin processing claims shortly,” said Lisa Rodriguez, liaison counsel for the multiple class-action suits covered by the settlement.

According to court documents, 24,344 claims were submitted by the Nov. 24, 2008, deadline. Of those, 20,550 have been deemed payable. The average claim is about $1,283. Allowed expenses included medical attention, lost wages, property damage and the price of replacement pets. The settlement covers claims by owners in the United States and Canada.

More than three years after the 2007 pet food recalls, pet owners are still waiting for news of a class-action lawsuit. This week's decision may mean settlement is getting closer.

An appeals court that reviewed a $24-million class-action suit settlement over melamine-contaminated pet food has concluded that the deal is “fair, reasonable and adequate” except for one minor issue.

The issue relates to the limit of purchase claims to a maximum of $250,000. The U.S. Court of Appeals for the Third District, in an opinion filed Thursday, sent the case back to U.S. District Court Judge Noel Hillman in New Jersey for more information to support the purchase-claim limit. It was Hillman who approved the settlement in November 2008. Appeals filed by two separate parties blocked disbursements from the settlement fund.

Lisa Rodriguez, liaison counsel for the multiple class-action suits covered by the settlement, described the appeals court’s single concern as minor. Purchases are just one category of expense under which claimants may seek reimbursement. Rodriguez said the decision generally is favorable to the claimants.

“I think it’s a very good opinion,” Rodriguez told the VIN News Service. “It wasn’t ... particularly critical. They just wanted additional findings.”

Rodriguez said lawyers on the case will try to get “a quick turnaround date” with the judge to settle the matter once and for all. “Early January is our hope,” she said.

Yesterday the FDA issued a notice for a label change on the pain reliever Metacam (meloxican) against use in cats. From the FDA website:

The Food and Drug Administration (FDA) announced today the addition of a boxed warning to the label of two METACAM® (meloxicam) products. The drug’s manufacturer, Boehringer Ingleheim Vetmedica, Inc. (B.I.V.I.), changed the label to include:

WARNING

Repeated use of meloxicam in cats has been associated with acute renal failure and death. Do not administer additional injectable or oral meloxicam to cats. See Contraindications, Warnings, and Precautions for detailed information.

The label change affects:

METACAM® Solution for Injection, under New Animal Drug Application (NADA) 141-219; and
METACAM® Oral Suspension, under NADA 141-213.

Yet another Salmonella related pet food recall was issued late on a Friday evening and just before a holiday weekend.

Last night the Hartz Mountain Corporation issued a recall on a specific lot of Hartz Naturals Real Beef Treats due to salmonella contamination.

From the FDA voluntary recall release:

Hartz Mountain Corporation is recalling 74,700 8-oz bags of Hartz Naturals Real Beef Treats for Dogs, lot code BZ0969101E, UPC number 32700-11519, which were imported by Hartz from a Brazilian supplier, Bertin S.A., and which were distributed to a number of customers in the United States. While regular testing conducted by Bertin (prior to shipment to the US) did not detect the presence of Salmonella in any packages of this product, random sample testing conducted by FDA did indicate the presence of Salmonella. Hartz is aggressively investigating the source of the problem.

Although Hartz has not received any reports of animals or humans becoming ill as a result of coming into contact with this product, Hartz is taking immediate steps to remove the product from all retail stores and distribution centers. Dog owners having purchased this product should check the lot code on their bag, and, if the code is not visible, or if the bag has lot code BZ0969101E imprinted thereon, they should immediately discontinue use of the product and discard it in a proper manner.

Another in a long line of recalls for salmonella contamination in pet foods and treats. From the FDA:

The Procter & Gamble Company (P&G) is voluntarily recalling a small number of bags from a specific lot of one of its dry cat food products due to potential salmonella exposure.

No illnesses have been reported, and no other Iams pet food products are involved.

Only one code date is affected by this announcement:
Product Name - Iams Indoor Weight Control with Hairball Care dry cat food
Version Code Date UPC Code
6.8 lb bag 02304173 (B1-B6) 1901403921
The company successfully traced and retrieved nearly all of the affected product and estimates that fewer than 60 bags from this production run may have been purchased by consumers.

This production run was sold through a single retailer in the following states: Illinois, New Mexico, Texas, Missouri, Iowa, Nebraska, Oklahoma, Kansas, Wisconsin, South Dakota, North Dakota, Montana, Wyoming and Colorado.

Merrick Pet Care is again expanding their initial recall on Texas Hold 'Ems and Beef Fillet Squares. From their website:

Merrick Pet Care, Inc. of Amarillo, Texas is recalling all lots of its 10 oz “Beef Filet Squares” for dogs and “Texas Hold’ems” pet treats because they have the potential to be contaminated with Salmonella. Salmonella can affect animals and there is risk to humans from handling contaminated pet products. People handling the treats can become infected with Salmonella, especially if they have not thoroughly
washed their hands after having contact with the chews or any surfaces exposed to these products. Consumers should dispose of these products in a safe manner by securing them in a covered trash receptacle.

[....]

Consumers who have purchased 10 ounce packages of “Beef Filet Squares for Dogs” & “Texas Hold’ems” are urged to return the unused portion to the place of purchase for a full refund. Consumers with questions may contact the company at 1-800-664-7387 M-F 8:00 – 5:00 CDT.

Yesterday Merrick Pet Foods announced an extension of a previous pet food recall due to Salmonella contamination. From the Merrick website:

Merrick Pet Care, Inc. of Amarillo, Texas is extending its July 2, 2010 recall of 10oz “Beef Filet Squares for Dogs (Texas Hold’Ems)” pet treat (ITEM # 60016 LOT # 10084TL7 BEST BY MARCH 24, 2012) to also include 83 cases of “Texas Hold’ems” (ITEM # 60016 LOT # 10127 BEST BY MAY 6, 2012) because they have the potential to be contaminated with Salmonella. Salmonella can affect animals and there is risk to humans from handling contaminated pet products. People handling the treats can become infected with Salmonella, especially if they have not thoroughly washed their hands after having contact with the chews or any surfaces exposed to these products. Consumers should dispose of these products in a safe manner by securing them in a covered trash receptacle.

The Beef Filet Squares (Texas Hold ‘Ems) were shipped to distributors and retailers throughout the US. These individuals have been notified and have activated their recall procedures.

The treats are sold in 10oz plastic bags marked with “Lot # 10127 Best By May 6, 2012” on the top of the bag and on a sticker applied to the bottom.

No illnesses have been reported to date for either lot of product. A sample tested positive for Salmonella.