PITTSBURGH (CN) – Del Monte subsidiary Milo’s Kitchen sells Chicken Jerky Dog Treats made in China that kill dogs and make them sick, a sad dog-owner claims in a federal class action.
Lead plaintiff Lisa Mazur says her healthy 7-year-old dog, Riley Rae, suffered kidney failure and had to be euthanized after being given the treats from time to time for about one month.
She says the only change in Riley Rae’s diet that month was the addition of Milo’s treats, which she says “were unsafe, defective, dangerous, culpably misrepresented as safe and healthy, and did not conform to applicable implied and express warranties.”
Another dog owner sued Milo’s in late June in Los Angeles, claiming that her dog came “close to death” from kidney failure because of the bad dog biscuits.
Del Monte is one of the nation’s largest producers and distributors of pet products and foods, netting $3.7 billion in fiscal 2012, according to the complaint and to Del Monte’s web page.
Mazur says the label of the dog treats at issue states that they are made in China.
She claims that while there is a reference to a U.S. FDA cautionary warning on the “frequently asked questions” portion of Milo’s Kitchen’s website, the warning is “downplayed” and “a purchaser will not see it unless they access the web site and click through the questions.”
The website still states that “Chicken Jerky is made with the quality and care your dog deserves. There are no artificial chicken flavors or filler ingredients. Just meaty, delicious whole fillets of 100% real jerky,” Mazur says in the complaint.
Mazur claims that despite the FDA warnings, the defendants have not recalled their dangerous products, nor put warnings on the packages.
“No reasonable person would feed dog treats to their dogs knowing that there was a substantial risk of death or illness from doing so,” the complaint states. “Plaintiff, and other consumers, did not learn of the FDA warning, until their dogs had consumed the treats and either became sick or passed away.
“Defendants intentionally concealed known facts concerning the safety of their dog treats in order to increase or maintain sales.”
She seeks punitive damages for the class, for common law fraud, unjust enrichment, negligence, product liability, unfair trade, breach of warranty, failure to warn, and defective manufacture or design.
Her lead counsel is Clayton Morrow with Morrow & Artim.