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Menu Foods Says It's Ready to Process Claims from Pet Owners

But Consumers Face a Number of Hurdles in Receiving Reimbursement

By Lisa Wade McCormick
ConsumerAffairs.com

May 17, 2007

• RECALL LIST • Consumer Complaints --- News • Mars Petcare Recalls Some Pedigree Dog Food • Expert Finds Unexplained Pet Deaths 'Not Consistent' • Illness, Death Dog Nutro Pet Food • Feds Raid PETCO Warehouse in Illinois • Pet Owners Not Thrilled with Poison Food Settlement • CDC Links 2006 Salmonella Outbreak to Dog Food • FDA Orders Illinois Pet Food Maker to Clean Up Its Act • String of Illnesses Afflicts NUTRO-Fed Pets • Pet Owners Not Thrilled with Poisoning Settlement • Menu Foods Settles Pet Food Class Action • Many Pet Foods Still Missing From Store Shelves • Pet Owners Cheer Indictments in Toxic Pet Food Case • Indictments in Toxic Pet Food Case • Diamond Pet Foods Agrees To $3.1 Million Settlement • Tests Find More Toxic Pet Toys • Finding Safe Toys to Give Your Pet • China Agrees to Stepped-Up Food, Drug Inspections • Menu Foods Denies Acetaminophen Found in its Cat Food • Veterinarians Solve Pet Food Death Puzzle • Menu Foods Agrees to Test for Pain Killer in its Cat Food • Lab Tests Again Find Acetaminophen in Pet Food • Toxic Pet Toys: A Doctor's Advice • Consumers Respond to Toxic Wal-Mart Pet Toy Stories • Federal Import Safety Panel Outlines Proposals • Pet Industry Agrees on Need for Toxicity Standards • Industry Responds to Reports of Lead in Wal-Mart Pet Toys • Wal-Mart Attacks Lab Tests that Found Lead, Chromium in Pet Toys • Wal-Mart Reviewing Results of Tests on China-Made Pet Toys • Lab Tests Find Lead, Other Toxins in Pet Toys Sold at Wal-Mart • CANIDAE Denies Reports of Painkiller in its Pet Food • Lab Tests Find Painkiller in Samples of Pet Food • Purina Denies Claim on Bichon Frise Deaths • FDA Blocks Nutro Pet Food Shipment from Entering U.S. • FDA Testing Dog Treats Pulled from Wal-Mart Shelves • Wal-Mart Finds Melamine in Chinese-Made Dog Treats --- • More about Pet Food Recalls ...

Menu Foods has posted claims information on its Web site for pet owners whose pets were killed or injured by contaminated feed.

The Canadian-based company in March recalled more than 60 million containers of melamine-tainted pet food -- linked to the deaths and illnesses of thousands of dogs and cats nationwide -- and now says it will “address any reasonable expense incurred by pet owners that we can identify as being caused by contamination of Menu Foods’ products.”

The company also advised pet owners of the ramifications of settling directly with Menu Foods instead of joining one of the more than 50 class-action lawsuits filed in the United States and Canada.

Pet owners, for example, are told “any mutually agreeable settlement of your claim would require you to sign a settlement agreement that would release any and all claims for damages that you may have arising out of the recall and/or related to the injury and/or death of your pet.”

The company also indicated that it plans to oppose the class action lawsuits.

“We expect Plaintiffs’ lawyers will make motions for class certification, and Menu Foods expects to oppose those motions,” the company stated on its Web site. “At this point, no court has ruled on the question of whether class certification is appropriate.”

Menu Foods also stated that several other companies have recalled pet food products. And pet owners who file claims with their company need to sure they “relate to pet food manufactured by Menu Foods.”

The company, which estimates the recall will cost anywhere from $40 to $45 million, added: “Subject to any court order, which would prevent Menu Foods from proceeding with the settlement contemplated herein, we will proceed with the settlement process…we sincerely hope that we are able to work together to bring this matter to a prompt conclusion.”

Hurdles to Clear

Pet owners who choose this “settlement” route, however, have several hurdles to clear.

The company requires them to file the following documentation, which many pet owners may not have:

• Receipts from the purchase of the affected products;
• Copies of any labels from the products;
• Copies of any records from a veterinarian, clinic or other healthcare facility;

Pet owners are also asked to save all opened and unopened cans and pouches of the affected dog and cat foods.

In addition, pet owners must fill out a lengthy questionnaire that asks for such information as the UPC codes on the recalled foods, dates the products were manufactured, dates when their pets ate the food, number of cans or pouches their pets ate, and whether their pets had any pre-existing conditions.

An Arizona pet owner -- whose 13-year-old Sheltie suddenly died after eating one of the recalled foods -- told ConsumerAffairs.com today that she’s torn about which avenue to take to resolve this matter.

“It seems like Menu Foods wants to pull you away from going the class action route,” says Jerri L. of Goodyear, Arizona. “It seems like they want you to settle directly with them and their claims people.”

Uneven Contest

What's a consumer to do? The options include:

• Hire an attorney and file a lawsuit;
• Hope that a class action succeeds;
• File an action in Small Claims Court; or
• Take whatever the pet food manufacturer feels like giving you.

The unfortunate truth is that the law regards pets as property, not as sentient beings -- and therefore, unlike relatives of humans killed or injured by another's actions, pet owners can't recover damages for their pet's pain and suffering.

Nor can one claim compensation for an animal's lost wages, as is the case when a family breadwinner dies or is disabled.

"What this means is that -- at best -- pet owners who spend time and money going to court might be able to recover their veterinarian bills and at least a portion of the deceased animals' fair market value, which is probably less than the original purchase price," said an attorney who is not involved in the case, is not accepting any cases involving contaminated feed and did not want to be identified.

"Class action claims may or may not succeed, the process will be lengthy and consumers will very likely get a minuscule settlement," the attorney said. "On the other hand, they don't have to spend any time or money in pursuing the claim."

"An alternative some pet owners might consider is to file a claim against the pet food manufacturer in Small Claims Court. They do not need an attorney and the likelihood is that the pet food maker won't appear to defend. Consumers who take this route should be sure to take receipts, vet bills and pictures of the pet to court with them."

The Small Claims option might be appropriate for animal owners who spent hundreds or thousands of dollars on medical care, the lawyer suggested.

One thing's certain, the attorney said: Consumers who sign a settlement form with Menu Foods are closing all of their options and are at the mercy of a giant corporation.

"They'll be lucky to get a free can of dog food," she predicted.

Emotional Toll

In Jerri’s case, she’s had to endure the emotional turmoil of losing her beloved dog, “Sandy Boy.”

And then there’s the financial loss.

“Our vet bills are around $700,” Jerri says. “Sandy Boy was also a champion show dog and I paid $300 for him. That was years ago and was pretty expensive at that time.

“I’m just hoping to have some type of resolution so this doesn’t drag on and on,” she says, adding Sandy Boy was in perfect health before she fed him Nutra Max dog food.

Sandy Boy suddenly died last Memorial Day — months before Menu Foods announced its massive recall. But Jerri says he had symptoms that mirror those in dogs and cats that became sick or died after eating the melamine-tainted pet food.

Melamine

Melamine is a chemical used to make plastic and fertilizers. It is not approved for use in human or pet foods.

The Food and Drug Administration confirmed two imported and mislabeled ingredients used to make the pet food -- wheat gluten and rice protein concentrate -- contained melamine and melamine-related compounds.

FDA officials say those ingredients were really wheat flour. And they were intentionally spiked with melamine to increase the protein content.

All the tainted ingredients came from two now-defunct companies in China: Xuzhou Anying Biologic Technology Development Co. and Futian Biology Technology Co. Ltd.

Thousands of dogs and cats that have eaten the tainted pet food have suffered kidney disease or died. The FDA says it’s received reports of 4,100 deaths of cats and dogs linked to the adulterated pet food.

The Pet Connection Web site has received unconfirmed reports of 4,867 pets -- 2,519 cats and 2,348 dogs -- that have died from the contaminated food. It also said the total number of pets affected by the tainted food is 14,646.

Jerri’s not surprised by the number of pets that have become sick or died after eating the tainted food. Or that the pet food contamination has spread to chickens, pigs, and fish—and the human food supply.

The FDA, however, said the risk to humans who eat meat from farm animals or fish that consumed the tainted feed is minimal.

“As I started reading more and more about the recall, I expected more things to come out,” Jerri says. “It just seems to be spreading everywhere.”

What’s the solution to this crisis?

Jerri told ConsumerAffairs.com the first step is for the United States to cut all trade agreements with China.

“I think most people would agree that we should stop doing business with China. They’ve taken away jobs from us for years and years.

She adds: “We can’t get prescription medicines from Canada, but we’re getting these things (food products) from China that aren’t even regulated.”

More about the Pet Food Recall ...

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