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Consumer Site Appeals FDA's Refusal to Release NUTRO Records

Agency claims there is no investigation, so records should be released, site argues

May 19, 2009

The consumer Web site has received more than 800 reports from consumers who say their pets became ill and, in some cases, died after eating NUTRO products. ConsumerAffairs.com first requested the FDA documents under the Freedom of Information Action (FOIA) last spring, but the FDA denied the request, saying that granting it could interfere with law enforcement proceedings.

Questioned by ConsumerAffairs.com reporter Lisa Wade McCormick, an FDA official who spoke on the condition of anonymity said that the request was denied because the agency was investigating NUTRO. But the FDA's Center for Veterinary Medicine (CVM) then issued a press release claiming that NUTRO was not being investigated.

The CVM is not the FDA division that handles complaints about pet food and is not the division to which the FDA employee who confirmed the investigation is assigned.

"Though the reports on whether the FDA is investigating Nutro have been conflicting, the FDA’s official position is that there is no pending investigation of Nutro. Therefore, the FDA may not rely on the 'law enforcement' exemption of FOIA because, according to the FDA, there is no pending enforcement proceeding against Nutro," said Cameron Stracher, a New York attorney who represents ConsumerAffairs.com.

Despite the FDA's denial that it is investigating NUTRO, consumers have confirmed that FDA inspectors came to their homes investigating their pets' deaths.

In one instance, the FDA investigator told a consumer that he had learned of her pet's death by reading her complaint on ConsumerAffairs.com.

Why not?

"The FDA's odd insistence that there is no investigation -- when all the evidence indicates that there is -- leads to an even more obvious and urgent question," said James R. Hood, president of ConsumerAffairs.com. "If the agency is telling the truth and there is indeed no investigation, it seems logical to ask 'Why isn't there?'"

"One would think that NUTRO and the FDA would be curious as to why so many pet owners have reported their animals became ill after eating NUTRO products and -- in some cases -- mysteriously improved when they were switched to other foods. A public relations blitz won't get to the bottom of it. The FDA needs to stop stalling and do its job," Hood said.

Just yesterday, Sherri of Ann Arbor, Mich., wrote about her experience with NUTRO: "My pure bred Portuguese water dog began vomiting, having loose stools and acting lethargic after 4 months on Nutro Natural Choice Herring & Rice Formula. The vet could not explain, blood levels normal, intestinal antibiotics/probiotics given, intestines 2x normal size, surgery revealed no obstructions, every time food was readministered it began again. Vet suggested I stop Nutro after learning about other dogs problems. My dog is now on Natural Balance and is doing perfectly fine."

Sherri said she contacted NUTRO about a week ago. They said they'd contact her vet, but so far, they have not, she said. They also said they'd send her an envelope for samples of the food. She said they have not done that, either.

In her posting, Sherri urged other pet owners to contact the FDA and ask it to investigate.

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