The federal district of New Jersey, USA, has been made the venue for litigation charging that contaminated food caused death or injury to pets, and attorneys on both sides say a settlement could be mere weeks away. On February 19, 2008, the US Judicial Panel on Multidistrict Litigation consolidated suits from all over the country, finding that they involved questions of fact common to 31 other cases previously assigned to US District Judge Noel Hillman. In total, about 120 suits were filed in Arkansas, California, Connecticut, Florida, Indiana, Illinois, Minnesota, New Jersey, New York, New Mexico, North Carolina, Ohio, Ontario, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Wisconsin and Washington.
Suits were filed soon after Menu Foods Inc. recalled petfood last year. Pet owners alleged that by February 2007, the company was receiving complaints of pet illness and death due to contaminated food. Menu Foods issued an official recall on March 16, 2007, but the suit alleges more animals were harmed in the interim. The plaintiffs claim unfair and deceptive trade practices, negligence in failing to provide adequate quality control, unjust enrichment and breach of implied and expressed warranties. Some claim emotional trauma was caused by the death or illness of pets.
Defendants besides Menu Foods Inc. include Del Monte Foods Inc., Nestlé Purina, Procter & Gamble, Xuzhou Anying Biologic Technology Development Co. Ltd. and Suzhou Textile Import and Export Co.