Jerky: A petition, a lawsuit, but no recall yet
Nearly 63,000 people have signed a petition asking Nestle Purina to recall chicken jerky treats manufactured in China — the subject of nearly 1,000 consumer complaints, an FDA investigation and a class action lawsuit.
But not a recall.
The most recent data shows that since November the Food and Drug Administration (FDA) has logged over 900 reports of canine illnesses and deaths associated with chicken jerky treats made in China.
“I lost my best friend Sampson on Friday, January 13, 2012,” writes Terry Safranek, who started a petition for a recall of the treats on Change.org . “He died 9 days after ingesting the last food he ever ate: Waggin’ Train ‘Wholesome’ Chicken Jerky.”
While Sampson’s death is one of the cases still under investigation by the FDA, Safranek urges consumers to contact Nestle Purina and ask them to voluntarily recall the product.
Meanwhile, a Chicago area dog owner has filed a class action lawsuit against Nestle Purina, alleging that Waggin Train chicken jerky treats, made in China, were responsible for the death of his 9-year-old Pomeranian.
Dennis Adkins of Orland Park, Ill., filed the lawsuit in April 18 in U.S. District Court for the Northern District of Illinois. He said his dog died of kidney failure two weeks after consuming the product.
The suit names as defendants Waggin’ Train LLC, the manufacturer of the product; Nestlé Purina Petcare Co., which is the corporation that owns the brand; and Wal-Mart Stores, Inc., the distributor.
The lawsuit states Nestlé Purina and Waggin’ Train have received more than 500 complaints about dogs becoming sick and dying after consuming the treats, yet continues to market their product as being “wholesome.”
It argues that Nestlé Purina and Waggin’ Train knew there was a substantial risk of death or harm associated with its dog treats and intentionally concealed known facts concerning the safety of the dog treats in order to increase or maintain sales.
A spokesperson for Nestlé Purina and Waggin’ Train had this response: “We believe the claims made in the lawsuit to be without merit and we intend to vigorously defend ourselves. We can say that Waggin’ Train products continue to be safe to feed as directed.”
Adkins is seeking an excess of $5 million for compensatory and punitive damages and costs of the suit.
The FDA has been investigating a potential connection between the illnesses reported and the treats since 2007, and has tested a number of samples for contaminants and toxins. However, according to the FDA, scientists have been unable to determine a definitive cause for the reported illnesses.
The FDA issued warnings to the public concerning chicken jerky treats in September 2007 and again in December 2008. The number of complaints declined during the latter part of 2009 and most of 2010, the agency reports, but they increased again recently, prompting the FDA to issue a cautionary update again in November 2011.
On the company’s web site, Waggin’ Train continues to maintain the integrity and quality of their chicken jerky treats, and says it has a comprehensive food safety program, with strict quality assurance teams dedicated to overseeing the various steps of the manufacturing process.
The FDA recommends that pet owners watch their dogs closely for signs of illness if they choose to feed chicken jerky treats. Reported symptoms include vomiting, lethargy and anorexia. The problems appear more likely to occur in small dogs that are fed the treats regularly.
(Photo: Terry Safranek and Sampson; from Change.org)
Posted by jwoestendiek May 28th, 2012 under Muttsblog.
Tags: chicago, chicken, china, chinese, class action, complaints, consumers, death, dennis adkins, died, dog food, dog treats, fda, federal court, food and drug adminstration, health, jerky, lawsuit, nestle, pomeranian, purina, recall, safety, sick, treats, waggin train, wal mart, walmart, warnings
Comments
Comment from Tracy
Time May 28, 2012 at 8:16 pm
probably most people would trust the name Nestle….seems all-American…guess you have to read the labels carefully, and some probably still trust that if it’s on the shelves here, it must be safe…that’s how it SHOULD be… 
Comment from Janice Bryson
Time May 29, 2012 at 11:11 pm
I believe these treats are harmful. I have 2 dogs who ingested them in limited quantities over 4-5 years. One of my dogs went into liver failure on February 1. It has been over $6,500 and a lot of nursing on my part, but she seems to have pulled out of it. Vets cannot diagnose her, but initially she had elevated liver enzymes and a distended gallbladder. After 12 days in hospital on IV fluids, and lots of meds and 6 weeks of subQ fluids by me at home, and now a regimine of prednisone and doxy (to keep lyme flair ups down) she is doing great. She has gained most of her weight back having dropped from 53 to 38 lbs and now back up to 49.5 lbs, there is hope she will completely recover. The vets are all stymied. One says lyme, another says auto-immune and yet another thought underlying cancer possilbly multiple myeloma. Given the elevated liver enzymes and the distended painful gallbladder, I still opt for liver disease – possibly from these treats. We can never prove it and my other dog never took ill, but my Sally was always a super healthy and active hunting dog and very fit. Thankfully, she seems to be her old self now and we are definitely DONE with any foods from China! So sorry to all who have lost beloved pets to this potential toxin. Just wish we could prove it. The fact that my dog had liver and not kidney failure, and the fact that no proof can be definitively found as to the toxicity of these treats makes it difficult to blame them, but I for one am done with them.
Comment from Ken
Time July 23, 2012 at 6:42 am
If you’re looking for a SAFE, REAL ‘American Made’ chicken jerky for dogs, we started making our own Chicken Jerky for our 3 dogs in after we ran across the FDA warning of 2008. It turned into a cottage “Mom & Pop” business and we now sell our TriPom Chews online and in 20 stores in the New England area. Our products are the only homemade, handmade, ‘Maine Made’, ‘American Made’ Chicken Jerky produced from whole, restaurant-quality chicken breasts containing NO Additives and NO Preservatives.
Comment from Dorothy
Time July 25, 2012 at 9:56 am
My one-year-old dog got seriously ill in January, and he regularly ate many of these Waggin Train chicken jerky treats per day. Our vet could not understand what was causing his severe intestinal distress (he stopped eating) and eventually diagnosed inflammatory bowel disease. This was after expensive major surgery, followed by a painful, drawn-out recovery. How do I get involved in this class action?!
Comment from Carolyn
Time August 21, 2012 at 7:05 pm
My 4 yr old golden retriever ate Wagontrain chicken jerky treats on a regular basis. He suddenly became violently ill with excessive water drinking, urination, vomiting, extreme lethargy. Vets first impression was toxic ingestion his liver and kidney functions were off the chart. After hospitalization and numerous tests they said he could have early stage lymphoma. This is an absurb diagnosis because a dog is not acutely ill from this nor does he fit any picture of lymphoma. At this point I am convinced it is the chicken jerky made in China. This is unbelievable.
Comment from Gael Marconi
Time September 15, 2012 at 5:23 pm
I am so Goddman sick of this Goddamn country CHINA! More sh** comes out of there and they TORTURE AND KILL DOGS AND CATS for thier meat..them and Korea. EVIL AND SICK!!! IT MUST STOP!
Comment from etheridge
Time September 25, 2012 at 1:32 am
HOW MUCH LONGER WILL YOU GUYS PUT MONEY IN FRONT OF LIFE….HOW LONG WILL IT TAKE FOR ALL OF YOU TO GET HUMANS AND NOT ROBOTS?????? You sell poisoned food, in my case was for dogs. THE BEEF AND CHICKEN JERKY. A product they supposed they knew it’s poisoned since 2011 that kills dogs and they still sell it. It writes 100% natural and my dog is sick near to death from it. WHAT KIND OF CREATURES ARE YOU PEOPLE??? I WILL SUE YOU AND THE IMPORTER AND THE FDA THAT DIDN’T ACKNOWLEDGED THE THREAT. YOU ARE NOT HUMANS YOU ARE BLOODY MONEY DESPERATE!!! You and the PETSMART PEOPLE ARE THE SAME WAY. A BUNCH OF IGNORANT MONEY STARVING PEOPLE!!
Comment from Hanna Shaner
Time February 7, 2013 at 5:42 pm
my dog is extremely ill and now I know why. He has eaten these treats routinely, and is now having an endoscopy for his chronic diarrhea, weight loss, lethargy–I have never seen him so sick. Vet bill amount to $4000 so far. I hope he recovers but I am definitely going to join this suit.
Comment from Southern Fried Pugs
Time May 28, 2012 at 3:06 pm
I really don’t understand why people keep purchasing food items of any kind from China. They poisoned their own milk, making 50,000 children sick. If they don’t care about their own people, why would they care about American pets? Dogs are a food source for some tgere. I avoid all foods from overseas. And jerky is so easy to make on your own.