Evanger’s sues supplier; says beef included tainted horse meat

Evanger’s Dog & Cat Food Company Inc. is suing Bailey Farms LLC, claiming that the meat supplier was at fault for a euthanasia drug found in Hunk of Beef and Against the Grain dog foods made by Evanger’s.

The suit, filed in the Circuit Court of Cook County in Illinois on April 25, names Bailey Farms LLC as the sole supplier of meat for Evanger’s Hunk of Beef canned dog food. Holly and Joel Sher, owners of the Wheeling, IL, Evanger’s want $20 million in punitive damages from Bailey Farms, which is based in Marshall, WI.

Beef supplied by Bailey Farms contained horse meat, according to Evanger’s lawsuit. The company further claims the horse meat was the source of the pentobarbital contamination that sickened several dogs earlier this year, killing at least one.

Evanger’s is seeking unspecified damages, to be proven at trial, recovery of attorney’s fees and costs, and punitive damages of $20 million.

The lawsuit alleges that Evanger’s ordered more than 21 tons of “Hand Deboned Beef” from Bailey Farms in November 2015, and an additional 21 tons of “Inedible Hand Deboned Beef” in late May 2016.

“Inedible” beef is unfit for human consumption according to federal law; however, if not contaminated or adulterated, it may be used in the manufacture of pet food.

As recently as Feb. 9, Evanger’s claimed to use “human-grade USDA inspected meats” in its products. The company updated its website shortly thereafter, dropping the reference to “human-grade” from the description.

The November shipment was used to manufacture Against the Grain Hand Pulled Beef, and the May 2016 order was used in the production of approximately 50,000 cans of Hunk of Beef.

On Feb. 3, Evanger’s recalled five production lots of Hunk of Beef canned dog food after the Food and Drug Administration found pentobarbital, a euthanasia agent, in a sample of the food. Pentobarbital is a barbiturate that is used by veterinarians and animal shelters to euthanize animals.

On Feb. 14, Evanger’s recalled a single production lot of Against the Grain Hand Pulled Beef canned dog food after FDA detected pentobarbital in a sample of the product.

On March 3, 2017, Evanger’s recalled all “chunk beef” products manufactured between December 2015 and January 2017, due to the possible presence of pentobarbital in these products. All of the recalled products contained meat from a single supplier, according to the company.

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

Editorial comment: This is a fine example of the pot calling the kettle black. As recently as February 9, 2017, Evanger’s was proclaiming its use of “human-grade USDA inspected meats.” The suit filed last week reveals that the company placed an order with Bailey Farms for ‘inedible’ beef.

More pentobarbital-contaminated dog food reported

Two varieties of Party Animal canned dog food may be contaminated with pentobarbital, according to a test report from Texas A&M University released this week.

The report was provided to blogger Susan Thixton of Truth About Pet Food by a consumer who arranged for the testing after a family pet became ill. The consumer has not been identified. The test report was supplied by Thixton to the Food and Drug Administration April 17.

“The FDA has received test results of this food and is aware of the public statement from Party Animal, and is following up as appropriate,” according to a spokesperson with FDA.

A statement posted on the Party Animal Pet Food website confirms that it was informed by a retailer of the problem on April 13. The company has contacted the two Texas retailers who may have sold the food to the customer, and has requested that all remaining cans of the implicated production lots be isolated and returned for independent third-party testing. Party Animal also will be retrieving all remaining nationwide stock of the two production lots.

Party Animal Inc. is incorporated in California and is headquartered in West Hollywood, CA. Its principals are Chief Executive Officer and Secretary Daryl Alan Abrams and Chief Financial Officer Shawna Denae Abrams.

The implicated products, which the company reports were manufactured in 2015, are:

Cocolicious Beef & Turkey, Lot #0136E15204 04
Cocolicious Chicken & Beef, Lot #0134E15 237 13

In 2015, Party Animal canned pet foods were manufactured by Evanger’s Dog & Cat Food Co. according to an interview published in Pet Product News. Earlier this year, Evangers recalled several months worth of three beef-based canned dog foods after samples from two different products were determined to contain pentobarbital. The recalled products were manufactured in 2015.

According to the statement on its website, Party Animal has “… submitted many recent lots of [its] beef flavors for testing and all have tested negative for any pentobarbital.”

“We have also had extensive discussions with our manufacturer regarding the potential cause of the reported contamination of the 2015 lots,” the company states, “and we will continue with such discussions even as we await testing results for the 2015 lots. In order to ensure adherence to our commitment to the safety of pets, we are also actively re-examining our manufacturing processes.”

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

Evanger’s and Against the Grain Recall additional products

Initial recalls expanded to include 13 months’ production and a third product

Evanger’s Dog & Cat Food on March 4 announced a voluntary expansion of its earlier dog food recalls due to potential adulteration with pentobarbital.

The expansion of the company’s February 3rd recall of five production lots of Evanger’s Hunk of Beef canned dog food and its February 14th recall of one production lot of Against the Grain Pulled Beef canned dog food is being carried out ‘Out of an abundance of caution,’ according to today’s announcement.

Evanger’s first advised the U.S. Food and Drug Administration(FDA) of its intention to expand the product recall on February 20,2017 and announced the planned recall in a letter to its distributors and retailers on February 28, 2017.

The recall encompasses all 12-oz. cans of the following hand-packed products manufactured between December 2015 and January 2017 and bearing expiration dates of December 2019 through January 2021. The numbers listed below represent the second half of the barcode for each product.

Evanger’s Hunk of Beef: 20109
Evanger’s Braised Beef: 20107
Against the Grain Pulled Beef: 80001

The recalled products were distributed online and through independent boutique pet stores nationwide.

FDA initiated an investigation of Evanger’s manufacturing facilities in early last January, after receiving word that a dog had died and four other dogs had been sickened following ingesting food from a can of Evanger’s Hunk of Beef.

Lab testing revealed the presence of pentobarbital, a euthanasia agent, in the stomach contents of the dead dog, in the remnants of food from the opened can, and in food from unopened cans of the same production lot of Hunk of Beef obtained from the owner of the dogs and from the retailer. Additional lab testing, carried out by FDA, detected pentobarbital in a can of Against the Grain Pulled Beef canned dog food.

Against the Grain Pulled Beef is manufactured by Evanger’s.

In an advisory to consumers, released on February 17 and updated on March 3, FDA reported that a bill of lading from Evanger’s supplier, which the pet food manufacturer had claimed was “USDA approved”, referred to “Inedible Hand Deboned Beef – For Pet Food Use Only. Not Fit For Human Consumption.”

Investigation of a certificate number displayed on the bill of lading determined that it referred to an export certification number that had been issued by the U.S. Department of Agriculture – Animal and Plant Health Inspection Service (USDA-APHIS). The certification, according to a spokesperson with USDA-APHIS, had expired in the mid 2000s.

FDA has received ten additional complaints from consumers who believe their dogs have been affected adversely after consuming by Evanger’s Hunk of Beef dog food. Five of the complaints mention symptoms that are consistent with possible pentobarbital poisoning. The agency is following up on four of the complaints, which provided veterinary and product lot number identification.

FDA continues to encourage consumers to report problems with Evanger’s products through the Safety Reporting Portal or by contacting a Consumer Complaint Coordinator. Empty cans or partially used cans of food to facilitate collection of specific lot number information may be retained. Additional information is available on the FDA web page, “How to Report a Pet Food Complaint.“

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