Missouri-based Diamond Pet Foods, which makes Nutra Nuggets and other popular dog and cat foods, has agreed to pay $3.1 million to settle a class action suit stemming from tainted pet food.
The money will go into a settlement fund to pay consumers who purchased recalled Diamond Pet Food products, and will compensate dog owners whose dogs were injured as a result of eating recalled Diamond Pet Food products.
In December 2005, Diamond Pet Foods issued a recall on some of its dog food products after finding aflatoxin, a mold, in samples of food made in its Gaston, South Carolina, plant. The lawsuit alleges that many consumers have not received a refund for the recalled food.
Consumers may be able to receive compensation if they can show that the recalled food they purchased was not returned for a refund. Consumers will also be entitled to payment for any veterinary expenses that were incurred as a result of their dog being injured after eating the contaminated pet food.
States included
People who reside in a number of states and purchased recalled Diamond Brand or Country Value Brand Pet Food products in 2005, and did not return the food for a refund are included in the settlement announced today. The states are:
Alabama, Delaware, District of Columbia, Florida, Georgia, Kentucky, Maine, Maryland, Massachusetts, Michigan, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, and West Virginia.
What to do
If you believe that you are entitled to receive compensation, you need to submit a valid claim. To obtain a copy of the complete notice and a claim form, call 1-800-960-6651 or go to www.RecalledPetFoodSettlement.com.
The announcement was made by attorney Jim Andrew, of the firm O'Neil, Parker & Williamson, who said that consumers may also be part of the settlement class if their dog was injured, or they incurred any veterinary bills as a result of their dog being injured from eating Diamond Brand Dog Food.
Diamond denies any wrongdoing and contends that they have not violated any laws. The court has not made any decisions regarding the facts of the case, however a settlement has been reached to resolve the issues and avoid costly time-consuming litigation, Andrews said.
Melamine
The class action grew out of a 2005 recall and is unrelated to the wave of dog and cat poisonings that swept the country last year.
Nutra Nuggets tested positive for melamine and caused kidney problems in at least four dogs in California, ConsumerAffairs.com reported last May.
Melamine is a chemical used to make plastics and fertilizers. It is not approved for use in human or pet food.
The FDA, however, discovered melamine and melamine-related compounds in the wheat gluten and rice protein concentrate imported from China used to make many brands of pet food.
That finding triggered one of the largest pet food recalls in U.S. history. Since March, 18 companies have recalled more than 5,600 pet food products.
Thousands of dogs and cats that have eaten tainted foods have suffered kidney problems or died.
