Second class action suit filed in pentobarbital pet food scandal

Texas pet owner Wendy Black has initiated a complaint seeking class action status against Party Animal Inc. and Evanger’s Dog and Cat Food Company, Inc.

The suit, filed June 6 in the Superior Court for Los Angeles County’s Central District seeks damages “…on behalf of all persons who purchased Party Animal organic brand dog food … in the four years prior to the filing of this complaint.”

Evanger’s produced the dog food for Party Animal.

Black fed two varieties of Party Animal’s Cocolicious canned dog food to Bianca, a miniature Schnauzer she was fostering, according to the complaint. Bianca allegedly became severely ill after consuming the dog food, requiring veterinary visits, including administration of IV fluids.

In early March, realizing that Bianca’s ongoing illness appeared to be linked to consumption of the Party Animal food, Black communicated in writing with the retailer where she bought it. Shortly thereafter, she was contacted by a representative of Evanger’s, who instructed her to assemble the remaining cans of food in her possession for pick-up by Federal Express, promising to replace the cans with a different food at no cost.

Black returned some of the food, but retained a portion, submitting a sample to Texas A&M University for testing. The test result was positive for pentobarbital, according to the lawsuit.

Following receipt of the pentobarbital test result, Black requested tests to determine whether the Cocolicious pet food ingredient label was accurate. According to her lawsuit, lab tests revealed that the sample, which was purported to contain coconut oil, “… did not contain coconut or coconut compounds as advertised.”

Black is seeking “…appropriate compensatory damages and restitutionary disgorgement…” for herself and on behalf of others who bought Party Animal dog food, as well as punitive damages. She has requested a jury trial.

On April 24, Party Animal recalled two lots of its Cocolicious canned dog food, manufactured in 2015, because of possible contamination with the animal euthanasia drug pentobarbital. The recalled dog food can be identified by the following label information:

  • Cocolicious Beef & Turkey dog food with the Lot # 0136E15204 04 and a best-by date of July 2019; and
  • Cocolicious Chicken & Beef dog food with the Lot # 0134E15 237 13 and a best-by date of August 2019.

Party Animal Inc. filed suit in federal court in May against Evanger’s Dog and Cat Food Co. Inc. because dog food Evanger’s produced for Party Animal was found to be contaminated with the animal euthanasia drug pentobarbital.

This article first appeared in Food Safety News and is reposted here with permission.

Dog owners file $5 million action against Evanger’s, Nutripack

Nicole and Guy Mael, whose dog Talula died after eating Evanger’s brand “Hunk of Beef Au Jus” canned dog food on New Year’s Eve, have filed a class action complaint against Evanger’s Dog and Cat Food Co. Inc. and its sister company Nutripack LLC.

The complaint, filed in U.S. District Court for the Western District of Washington on June 16, alleges fraud, misrepresentation and negligence on the part of Evanger’s and Nutripack. The complaint requests a jury trial.

The couple’s five dogs all became ill after eating the Hunk of Beef food. They took them all to an emergency veterinary facility. Four of the five dogs survived, although one of the survivors is currently being treated for seizures.

Lab analysis of Talula’s stomach contents and of the remainder of the contents of the can of Hunk of Beef revealed the presence of a large quantity of pentobarbital.

Pentobarbital is a fast-acting barbiturate, and is used as a veterinary euthanasia agent. Its presence in any food or animal feed renders the food or feed adulterated, according to the federal law.

The Food and Drug Administration confirmed the presence of pentobarbital by laboratory analysis of samples taken from sealed cans of Evanger’s Hunk of Beef Au Jus and Against The Grain branded Pulled Beef with Gravy canned dog food, prompting Evanger’s to initiate a series of product recalls.

In addition to the pentobarbital finding, an inspection of Evanger’s production facility in Wheeling, IL, and of Nutripack’s facility in Markham, IL, revealed insanitary conditions in both facilities, according to FDA.

The class action suit cites thirteen counts under federal, Illinois, and Washington state law, based upon claims of:

  • breach of implied warranty:
  • breach of express warranty;
  • unfair acts or practices;
  • deceptive acts or practices;
  • negligence;
  • defective manufacture, design, and marketing;
  • unjust enrichment;
  • misrepresentation; and
  • product adulteration and misbranding.

In addition to seeking restitution, estimated to exceed $5 million from Evanger’s and Nutripack, the plaintiffs have requested an injunction to prevent the companies “…from continuing the unlawful practices … including marketing or selling its products that may be misrepresented, adulterated and misbranded, and specifically falsely stating that they are USDA-inspected, human-grade quality, 100 percent kosher beef and directing defendants to engage in corrective action, or providing other injunctive or equitable relief.”

This article first appeared in Food Safety News and is reposted here with permission.

Recalls and Alerts: June 15 – 16, 2017

Here is today’s list of food safety recalls, product withdrawals, allergy alerts and miscellaneous compliance issues. The live links will take you directly to the official recall notices and company news releases that contain detailed information for each recall and alert.

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United States

Allergy Alert/Food Safety Recall: Embutidos Fanguito, Inc. recalls Jamon Vicky Lasqueado Smoked Flavor Added Sliced Cooked Ham & Water Product (8 oz pkg; produced and packaged on various dates from April 18, 2017 to June 13, 2017), due to undeclared soy and monosodium glutamate, and to mislabeling (product erroneously labeled as cooked). The recalled product was shipped to retail locations in Florida.

Allergy Alert: Channel Fish Processing Co., Inc. recalls approximately 840 pounds of breaded Swai products due to undeclared milk. Please refer to the recall notice for a detailed list of products, which were shipped to institutional locations in Indiana.

Allergy Alert: AVI Foodsystems, Inc. recalls Cook and Serve Whole Grain Chunk-Shaped Chicken Patties with California Blend and Peas and Cook and Serve Whole Grain Chunk-Shaped Chicken Patties with Mixed Vegetables and Tater Gems (produced on 3/3/17 and 5/12/17) because the breaded chicken patties supplied by Tyson Foods, Inc. may contain undeclared milk. The recalled approx. 206 meals were delivered to Easter Seals of Mahoning, Trumbull, and Columbiana County.

Allergy Alert: ALDI recalls certain production lots of Sea Queen Beer Batter Cod, Sea Queen Potato Crusted Cod and Sea Queen Golden Crunchy Pollock Fish Sticks due to undeclared milk. Please refer to the recall notice for a detailed list of affected products.

Allergy Alert: Concord Foods recalls Tempo Seafood Bake – Lemon Dill (3.5 oz; Sell by 03/02/19, 03/15/19, 03/16/19; UPC 4140900040) due to undeclared milk. The recalled product was sold at Big Y.

Allergy Alert: Price Chopper recalls various Roasters Bone In Breaded Chicken Wings and other breaded chicken products as the breading may contain undeclared milk. Please refer to the recall notice for a detailed list of affected products.

Food Safety Recall: Chic-a-Peas, LLC recalls various Chic-a-Peas Baked Crunchy Chickpeas due to possible Listeria monocytogenes contamination. Please refer to the recall notice for a detailed list of affected products.

Food Safety Recall: NOW Health Group, Inc. recalls Ellyndale® Nutty Infusions™ Roasted Almond Butter (10 oz. plastic jars; Lot #2124119; Best by 2/18) and Ellyndale® Nutty Infusions™ Mango Chili Cashew Butter (10 oz. plastic jars; Lot #2125156; Best by 3/19) due to possible Listeria monocytogenes contamination.

Food Safety Recall: New England Natural Bakers recalls various muesli and granola products due to possible Listeria monocytogenes contamination. Please refer to the recall notice for a complete list of affected products and their distribution.

Food Safety Recall: Publix Super Markets recalls Publix Tropical Fruit Medley Mix (5.7 oz clear plastic containers; all date codes; UPC 41415088586) due to possible Listeria monocytogenes contamination. The recalled products were sold from Publix retail produce departments in Florida, Georgia, South Carolina, Alabama, Tennessee and North Carolina.

Food Safety Recall: Bulletproof 360, Inc. recalls five Collagen Protein Bar and Bite products due to possible Listeria monocytogenes contamination. Please refer to the recall notice for a detailed list of affected products, which were were distributed between April 7, 2017 and June 12, 2017 in retail stores nationally and on bulletproof.com to customers nationally and internationally in the following countries: Australia, Bahrain, Bermuda, Bolivia, Brazil, Brunei Darussalam, Canada, Cayman Islands, China, Finland, France, Germany, Guam, Hong Kong, Hungary, Iceland, Israel, Japan, Korea, Kuwait, Liechtenstein, Macau, Malaysia, Malta, Mexico, Monaco, Netherlands, New Zealand, Norway, Oman, Philippines, Puerto Rico, Romania, Saudi Arabia, Singapore, Spain, Switzerland, Taiwan, United Arab Emirates, United Kingdom, Virgin Islands (USA).

Food Safety Recall: GoMacro recalls various MacroBars and Thrive Bars due to possible Listeria monocytogenes contamination. Please refer to the recall notice for a detailed list of affected products, which were were distributed across the country and internationally via retail stores, mail orders and direct delivery.

Food Safety Recall: The Kroger Co. expands its earler recall of Simple Truth Dry Roasted Macadamia Nuts (12 oz; Sell by Dec. 09 2017, Mar. 02 2018, Mar. 03 2018 and Apr. 07 2018; UPC 11110-02478) due to possible Listeria monocytogenes contamination. The recall was expanded to include all stores nationwide under the following names: Kroger, Ralphs, Food 4 Less, Foods Co., Fred Meyer, Fry’s, King Soopers, City Market, Smith’s, Dillons, Baker’s, Gerbes, Jay C, Ruler Foods, Pay Less, Pick ‘N Save, Copps, Metro Market, Owen’s and QFC.

Food Safety Recall: HVF, Inc. recalls Gefen Cashew Butter (16 oz.; Best By 03/28/18; UPC 710069-40473) due to possible Listeria monocytogenes contamination. The recalled product was supplied to Kroger stores located in Georgia; South Carolina; Auburn, Alabama; Greater Cincinnati (including Northern Kentucky and Dayton, Ohio plus South Eastern Indiana); Central and Northwest Ohio; Northwestern Virginia panhandle; Indiana (except SE Indiana, -Evansville-); Illinois; Eastern Missouri; Greater Louisville area (including Indiana) and Lexington, Kentucky; Greater Memphis area, Tennessee; Arkansas; Mississippi; Western Kentucky; Hopkinsville and Bowling Green, Kentucky; Nashville and Knoxville, Tennessee; Huntsville, Alabama; North Carolina; Virginia; Eastern West Virginia; Eastern Kentucky; Southeastern Ohio; Owen’s Market, Pay-Less, King Soopers, City Market, Frys, Fred Meyer, Ralphs, Food 4 Less, Foods Co. and QFC stores.

Food Safety Recall: Woodstock Farms recalls Woodstock Organic Kumbaya Campfire Mix (10 oz.; Best By 11/23/17; Lot Codes #17096, #17100 & #17124) due to possible Listeria contamination. The product was supplied to Giant Food, Martin’s, and Stop and Shop, which have chosen to pull all lot codes as a precaution.

Pet Food Safety Recall: Vitakraft Sun Seed Inc. recalls certain Sunseed Parrot Fruit & Vegetable diet and Sunseed SunSations Rabbit Food due to possible Listeria monocytogenes contamination. Please refer to the recall notice for a detailed list of affected products, which were sold in AZ, GA, IL, MI, NJ, NY, NV, OH, PA & WI.

Pet Chew Safety Recall: United Pet Group, a division of Spectrum Brands, Inc. expands its recall of multiple brands of packages of rawhide dog chew products to include our retail partners’ private label brands, due to possible chemical contamination. Please refer to the recall notice for a detailed list of affected products, which were distributed nationwide.

Canada

Food Safety Recall: Nature’s Path Foods Inc. recalls Nature’s Path Coconut & Cashew Butter Crunchy Granola (720g; Best Before Date: 2018 MR 02; UPC 58449172192) due to possible Listeria monocytogenes contamination. The recalled product was supplied to retailers (including Costco) in Alberta, British Columbia, Manitoba, and Saskatchewan.

Food Safety Recall: Agropur Cooperative recalls various Island Farms, Lucerne, and Natrel brand milk products due to the potential presence of harmful extraneous material. Please refer to the recall notice for a complete list of affected products, which were supplied to consumers in British Columbia. The recalled milk products were supplied to Costco.

Food Safety Recall: Bulletproof 360, Inc. recalls various Bulletproof brand Collagen Protein Bars and Bites due to possible Listeria monocytogenes contamination. Please refer to the recall notice for a complete list of affected products, which were supplied to consumers nationwide.

Food Safety Recall: Country Pantry Bulk Foods, and Orchard Lane Bulk Foods recall Robin Hood brand Baker’s Hood All Purpose Flour (20 kg.; Lot codes containing: BB/MA 2017 OC 12 and 6 286 SK and C0010118, BB/MA 2017 OC 15 and 6 289 SK and C0010543, BB/MA 2017 OC 21 and 6 295 SK and C0010547, BB/MA2017 OC 25 and 6 299 SK and C0010882, BB/MA 2017 NO 04 and 6 309 SK and C0011329; UPC 6 28622 10089 4) due to possible E. coli O121 contamination. The recalled product was supplied to consumers in Ontario and may have been distributed nationwide.

Food Safety Recall: Industry recalls GoMacro Everlasting Joy Coconut + Almond Butter + Chocolate Chips Macrobar (65g; Lot 3525, Best by 1/10/2018 and Lot 3553, Best by 1/26/2018; UPC 8 53555 00668 9) due to possible Listeria monocytogenes contamination. The recalled product was supplied to consumers in Alberta and may have been distributed nationwide.

Food Safety Recall: Industry recalls Country Bulk Robin Hood All Purpose Flour (variable sizes; All units sold from January 19, 2017 up to and including April 21, 2017; UPC begins with 0 200473) and Country Pantry Bulk Foods Robin Hood All Purpose Flour (variable sizes; All units sold from January 5, 2017 up to and including February 10, 2017; UPC begins with 2 000660) due to possible E. coli O121 contamination. The recalled products were sold from Country Bulk Inc., 845 Weber St. N, Waterloo, Ontario and Country Pantry Bulk Foods, 3048 Lobsinger Line, Heidelberg, Ontario, respectively.

Food Safety Recall: Veles Déli épicerie fine recalls various smoked fish products because the recalled items were not packaged in a manner that would ensure product safety. Please refer to the recall notice for a detailed list of affected products.

Europe

Allergy Alert (Northern Ireland): Cherry Tree Home Bakery recalls various products due to undeclared egg, milk, wheat (gluten) and sulphites. Please refer to the recall notice for a detailed list of affected products.

Food Safety Recall (Denmark): L&M Food recalls Great Gourmet Live Oysters (approx 1 kg; Lot #F2/09; Best before 22 / 6-2017 and 24 / 6-2017) due to excessive E. coli bacteria.

Food Safety Recall (France): Le Gaec Les Portes Hellins recalls Raw Cream (20 cl and 40 cl glass bottles; Best by dates from 25/05/17 through 14/06/17) due to Listeria monocytogenes contamination. The recalled raw cream was sold between May 12th and June 2nd at retailers, supermarkets and grocery markets in Pays d’Auge.

Food Safety Recall (UK): E. E. Wholesale Trading as Equal Exchange recalls Equal Exchange Organic Dark Tahini (270g; 7097 L4; Best before April 2019) due to Salmonella contamination.

Food Safety Recall (various countries): Bulletproof 360, Inc. recalls five Collagen Protein Bar and Bite products due to possible Listeria monocytogenes contamination. Please refer to the recall notice for a detailed list of affected products, which were were distributed between April 7, 2017 and June 12, 2017 in retail stores nationally and on bulletproof.com to customers nationally and internationally in the following countries: Australia, Bahrain, Bermuda, Bolivia, Brazil, Brunei Darussalam, Canada, Cayman Islands, China, Finland, France, Germany, Guam, Hong Kong, Hungary, Iceland, Israel, Japan, Korea, Kuwait, Liechtenstein, Macau, Malaysia, Malta, Mexico, Monaco, Netherlands, New Zealand, Norway, Oman, Philippines, Puerto Rico, Romania, Saudi Arabia, Singapore, Spain, Switzerland, Taiwan, United Arab Emirates, United Kingdom, Virgin Islands (USA).

Asia, Africa and the Pacific Islands

Food Safety Alert (Hong Kong): The Centre for Food Safety urges the public not to consume Bulletproof brand Fudge Brownie Collagen Protein Bar (45g; Use by November 14, 2017), Bulletproof brand Lemon Cookie Collagen Protein Bar (45g; Use by November 8, 2017) and Bulletproof brand Vanilla Shortbread Collagen Protein Bar (45g; Use by November 15, 2017) due to possible Listeria monocytogenes contamination. The affected products were manufactured in the USA.

Food Safety Recall (various countries): Bulletproof 360, Inc. recalls five Collagen Protein Bar and Bite products due to possible Listeria monocytogenes contamination. Please refer to the recall notice for a detailed list of affected products, which were were distributed between April 7, 2017 and June 12, 2017 in retail stores nationally and on bulletproof.com to customers nationally and internationally in the following countries: Australia, Bahrain, Bermuda, Bolivia, Brazil, Brunei Darussalam, Canada, Cayman Islands, China, Finland, France, Germany, Guam, Hong Kong, Hungary, Iceland, Israel, Japan, Korea, Kuwait, Liechtenstein, Macau, Malaysia, Malta, Mexico, Monaco, Netherlands, New Zealand, Norway, Oman, Philippines, Puerto Rico, Romania, Saudi Arabia, Singapore, Spain, Switzerland, Taiwan, United Arab Emirates, United Kingdom, Virgin Islands (USA).

Australia and New Zealand

Food Safety Recall (various countries): Bulletproof 360, Inc. recalls five Collagen Protein Bar and Bite products due to possible Listeria monocytogenes contamination. Please refer to the recall notice for a detailed list of affected products, which were were distributed between April 7, 2017 and June 12, 2017 in retail stores nationally and on bulletproof.com to customers nationally and internationally in the following countries: Australia, Bahrain, Bermuda, Bolivia, Brazil, Brunei Darussalam, Canada, Cayman Islands, China, Finland, France, Germany, Guam, Hong Kong, Hungary, Iceland, Israel, Japan, Korea, Kuwait, Liechtenstein, Macau, Malaysia, Malta, Mexico, Monaco, Netherlands, New Zealand, Norway, Oman, Philippines, Puerto Rico, Romania, Saudi Arabia, Singapore, Spain, Switzerland, Taiwan, United Arab Emirates, United Kingdom, Virgin Islands (USA).

Latin America and the Caribbean

Food Safety Recall (various countries): Bulletproof 360, Inc. recalls five Collagen Protein Bar and Bite products due to possible Listeria monocytogenes contamination. Please refer to the recall notice for a detailed list of affected products, which were were distributed between April 7, 2017 and June 12, 2017 in retail stores nationally and on bulletproof.com to customers nationally and internationally in the following countries: Australia, Bahrain, Bermuda, Bolivia, Brazil, Brunei Darussalam, Canada, Cayman Islands, China, Finland, France, Germany, Guam, Hong Kong, Hungary, Iceland, Israel, Japan, Korea, Kuwait, Liechtenstein, Macau, Malaysia, Malta, Mexico, Monaco, Netherlands, New Zealand, Norway, Oman, Philippines, Puerto Rico, Romania, Saudi Arabia, Singapore, Spain, Switzerland, Taiwan, United Arab Emirates, United Kingdom, Virgin Islands (USA).

Some supermarket chains post recall notices on their web sites for the convenience of customers. To see whether a recalled food was carried by your favorite supermarket, follow the live link to the supermarket’s recall website.

*The Kroger umbrella encompasses numerous supermarket, marketplace and convenience store chains
**Includes Safeway, Vons, Pavilions, Dominick’s, Genuardi’s, Randalls, Tom Thumb, Carrs and Pak N’ Save.