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Tag: settlement

Woof in Advertising: Eukanuba makers agree to drop claims that food extends lifespans

Under pressure from the Federal Trade Commission, the makers of Eukanuba dog food have agreed to stop claiming their brand extends the lives of dogs.

In a settlement that resolves a false advertising complaint filed by the FTC’s Bureau of Consumer Protection, Mars Petcare will cease making the claim.

The FTC announced yesterday it had reached a settlement with Mars. Eukanuba began an advertising campaign last year claiming the brand could extend the expected lifespan of a dog by 30 percent or more.

woof in advertisingThe ads — like the longer version promotion shown above — featured aging black Labs, inspiring music and the bold claim that Eukanuba had been “scientifically proven” to extend the lives of dogs.

“Two-thirds of all Americans have pets at home, and they spend billions of dollars to ensure that their pets are healthy and well-fed,” said Jessica Rich, Director of the FTC’s Bureau of Consumer Protection. “Pet owners count on ads to be truthful and not to misrepresent health-related benefits. In this case, Mars Petcare simply did not have the evidence to back up the life-extending claims it made about its Eukanuba dog food.”

The order settling the FTC’s charges prohibits Mars Petcare from making any misleading or unsubstantiated claims that its Eukanuba-brand pet food or any other pet food will enable any dogs to extend their lifespan by 30 percent or more or live exceptionally long lives.

In May 2015, Eukanaba began the marketing and ad campaign on television, in print, and on the Internet.

“Ten years ago, we launched a long life study,” one ad said. “What we observed was astonishing. With Eukanuba and proper care, dogs in the study were able to live beyond their typical lifespan.”

The ad then showed a dog named Iowa who, at 17, had lived five years beyond than the typical Labrador lifespan.

eukanubaThe ads were based on a “10-year Long Life Study” purportedly carried out at the Eukanuba Pet Health and Nutrition Center. Dozens of Labrador retrievers were fed Eukanuba and given “proper care” over that span.

The study found 90% of the dogs lived beyond the typical lifespan of the breed, with 28% living longer than 15 years.

The study was begun while Eukanuba was still owned by Procter & Gamble Co. Last year, Eukanuba, along with Iams and other smaller brands, was acquired by Mars Petcare.

The FTC alleges that the longevity claims are false or unsubstantiated and that the claim that longevity was proven through scientific evidence is false.

“Among other things, the evidence relied on by [Mars] for its representations concerning the Eukanuba brand dog food consisted primarily of results from a single study, the results of which showed no significant difference in the median age at death of the dogs in the study relative to the typical age at death of dogs of the same breed,” reads the complaint. “Therefore, the representations… were, and are, false or misleading.”

The FTC decision does not penalize the pet food company financially, and under it Mars neither admits nor denies any wrongdoing.

(More of our “Woof in Advertising” posts can be found here.)

Owner of dog killed by police in Colorado receives landmark $262,000 settlement

chloe

In a settlement that’s being called one of the largest ever for a wrongful pet death, the owner of a dog shot and killed by police in Commerce City, Colorado, will receive $262,000,

Chloe, a 3-year-old chocolate Lab mix, was shot and killed by police in 2012 — after she’d been secured with a catch pole and shot with a stun gun.

A video camera captured Officer Robert Price firing five shots at the dog.

Chloe had been Gary Branson’s companion and therapy dog since 2008.

“I am happy that we have been vindicated,” Branson said. “She deserved justice for what happened to her. This has been a very difficult time for me and am glad that it is now settled.”

The payment was part of a settlement aimed at avoiding a federal civil court trial scheduled later this month, KDVR reported.

Branson had left the dog in the care of a relative during an out of town trip in November 2012. The relative left the dog in the garage while running errands and Chloe somehow activated the door’s sensor, making it open.

A neighbor saw the unleashed dog and called police to report an aggressive “pit bull”-type dog roaming the neighborhood.

When police arrived, Chloe was back in the garage. After getting the noose of a catch pole around her neck, and using a Taser on the dog, Officer Robert Price, deeming the dog’s behavior as threatening and aggressive, shot Chloe.

Commerce City police, after a review of the incident, said Price was acting “within policy” when he killed the dog.

He was nevertheless charged with aggravated animal cruelty, only to be later acquitted by an Adams County jury.

Attorney Jennifer Edwards with the Animal Law Center said that decision prompted the filing of a lawsuit.

“It wasn’t surprising. I think the prosecutor’s office was pretty conflicted in this,” Edwards says, “At that point my client did not feel much vindication so the only thing left is to pursue a civil remedy.”

Edwards said the settlement sets precedent for thousands of other cases.

“It speaks volumes as to the fact that this isn’t going to happen and you’re not going to not be held accountable,” she said.

For Branson, the settlement still isn’t enough to replace what he lost.

“No amount of money could replace Chloe,” he said.

Below is the video (be warned, it is disturbing) of Chloe’s death, taken by one of Branson’s neighbors.

(Photo from Justice for Chloe Facebook page)

Sparring for sperm: Legal fight stems from neutering of a champion bichon frisé

beauWhen a  bichon frisé named Beau Lemon retired from the dog show circuit as the second best of his breed, plans were for him to spend his leisure years raking in the stud fees.

At age 3, his owners in Minnesota figured Beau — full name Victoire Gerie’s No Lemon Gemstone — could breed at least until he was 10.

In the process, they figured, they would be ensuring his genes and his legacy lived on .

And they’d get the puppy that they desperately wanted.

But those hopes, and those bucks, seemingly became a thing of the past when Beau’s breeder had the little white dog neutered without their knowledge, owners Mary and John Wangsness allege in a lawsuit.

The legal dispute has been going on for about a year now in Minnesota’s Ramsey County, according to the Minneapolis Star Tribune.

The Wangsnesses allege breeder Vickie Halstead, who sold them the dog, acted in “vengeance” by neutering Beau because they had tried to breed him twice to a female dog, Cha Cha, without obtaining Halstead’s approval, which  was required in the sales contract.

They are seeking more than $50,000 in damages, and about eight vials of what they believe to be Beau’s frozen semen, now stored in a veterinary clinic and estimated to be worth $3,000 each.

The semen is being held under Halstead’s name, and the lawsuit alleges she has already profited from selling two vials.

As John Wangsness sees it, since it came from the loins of his dog, what’s in those vials are his.

“Damn right, they’re mine,” he said.

Beau was neutered without their approval in July 2013, when he was 4.

“After hearing about the neutering, and I’m not overstating things at all, Mary literally cried and stayed in bed for three weeks,”  said Wangsness, adding that she never fully recovered before she died this past March.

The case isn’t as black and white as it might seen.  In the competitive world of dog showing, ownership of a dog — as well as decisions about its care and profits — are often contractually shared between the breeder and the owner.

And that much debated sperm might not even be Beau Lemon’s.

Halstead’s attorney, Joseph Crosby, said at a recent hearing that the frozen semen belongs to Beau’s brother, Beau Jangles.

Crosby said Halstead “rescued” the dog from the Wangsnesses because they were neglecting him. He said Beau was suffering from dental disease, a low sperm count, impacted anal glands, and a matted and unhealthy coat.

Crosby said Beau’s neutering was necessary due to his “deteriorated health condition.”

In June of 2013, Halstead borrowed Beau from the Wangsnesses for what she told them was breeding purposes, the lawsuit says.

They did not learn of his neutering until he was returned.

Larry Leventhal, attorney for the Wangsnesses, said the couple treated Beau as a pet, but they also expected to have the option of breeding him several times a year at a rate of $2,000 to $3,000 per breeding until he turned 10.

Wangsness said that, more than money, he wants justice for his wife.

“I would like some vindication for the emotional distress that happened to Mary as a result of [Beau’s neutering],” Wangsness said.

Attorneys were scheduled to meet Tuesday to discuss a settlement agreement.

(Photo: Beau, as pictured on the website for Victoir’s Bichons)

Condo association to pay for its stupidity

fischerA Florida condo association that told a woman with multiple sclerosis that her service dog was too big has agreed to pay $300,000 to atone for its collective stupidity.

The settlement followed a federal judge’s declaration that Sabal Palm Condominiums in Davie, which sued to force the woman to get rid of the dog, had behaved in a manner both absurd and unreasonable, not to mention in violation of the Fair Housing Act.

“Sabal Palm got it exactly — and unreasonably — wrong,” U.S. District Judge Robert N. Scola wrote in his order.

“This is not just common sense — though it is most certainly that.”

Scola ordered the condo association to allow Deborah Fischer, a retired art teacher, to keep her service dog, the Miami Herald reported.

Fischer, who uses a wheelchair and has limited use of her arms and hands, received a service dog in November 2011 from Canine Companions for Independence, a nonprofit group that provides dogs for people with disabilities.

The dog — a 5-year-old Labrador-golden retriever mix named Sorenson — has been trained to help Fischer pick things up, open and close doors and retrieve items from counter tops.

The condominium association, saying the dog violated its 20-pound limit on pets, began demanding medical records and other information to prove that Fischer needed Sorenson — and it sued Fischer when, it said, she failed to provide it.

Fischer, along with her husband, Larry, counter-sued, saying the condo board’s demands violated the federal Fair Housing Act, or FHA.

Judge Scola, in a 30-page ruling, strongly agreed with Fischer.

That the condo association “turned to the courts to resolve what should have been an easy decision is a sad commentary on the litigious nature of our society. And it does a disservice to people like Deborah who actually are disabled and have a legitimate need for a service dog as an accommodation under the FHA,” he wrote.

Condo board members suggested that Fischer could get a smaller service dog, but Scola didn’t buy that argument.

After Scola ruled in the Fischers’ favor, their attorney negotiated a $300,000 settlement with the attorney representing Sabal Palm.

Fischer said Sorenson can recognize 40 separate commands.

“He has made my life so much better,” she said.

(Photo: Courtesy of Matthew Dietz)

Stumped: How I turned my dog into a decorative lawn ornament

stump 006

It has been a year now since Ace and I moved into a little house in Bethania, North Carolina, and we’ve made a home improvement or two – even though we just rent.

One issue I hadn’t figured out though was what to do with the big tree stump in the front yard – which many might view as an eyesore.

Two years ago the whole property was an eyesore. The house was heavily damaged by a fire – a fire that, I’m told, killed two or three of the dogs that lived with the person who rented it then.

The little white house on Main Street sat vacant – amid a neighborhood of historic, pre-Revolutionary, mostly meticulously kept homes in Bethania, a community settled by Moravians in 1759.

It was purchased and renovated by the man who’s now my landlord, and since I moved in – and without spending too much of my own money – I’ve tried to make some little improvements here and there to the grounds.

As for the tree stump, I contemplated hollowing out the center and turning it into a decorative planter, but that would be a lot of work.

I thought about putting a plaque across it, the sort that a lot of the truly historic homes in town have. Mine’s just 1940s vintage, though.

I considered carving a Moravian star – sort of the town symbol – on the top of the stump. But that would be a lot of work, too.

For a good long while, I was stumped. Then it came to me. Rather than cover it up, I should use the big ol’ stump as a focal point – as the foundation, or pedestal, if you will,  for some artwork.

And that’s how my dog became a decorative lawn ornament.

You know those big mansions you sometimes see – the ones with big cement lions on either side of the driveway? I’m not sure what message those big cement lions are supposed to send – other than “Yes, I’m rich enough to afford big cement lions.” Or maybe, “Enter at your own risk; this area patrolled by big cement lions.”

Having no big  cement lions myself, and having a pedestal on only one side of my driveway, I decided upon a variation of that theme, and called upon my big ol’ dog.

It took only a day to teach him, with help from treats, to “Get on the stump,” and then sit still, and then stay there when I walk away.

(Yes, you can teach an old dog new tricks, and even learn some your old self.)

Now, I can sit up on the front porch and command him to get on the stump, and then watch as people in cars whizzing past my otherwise nondescript house do double takes and point.

(Just as a reminder the speed limit is 35 in front of my house.)

Being a living lawn ornament, and given he has come to expect some treatage for getting on the stump, he’s not entirely motionless. If you watch carefully you can see the flow of drool that often cascades from his mouth while he’s up there, knowing that, in exchange for his toil, there’s a treat in his near future.

He’ll sit there for 10 minutes or more, though I usually don’t make him stay that long.

Of all the yard improvements I’ve made – flower boxes and flower beds and distributing pine needles to cover up the weeds on the front bank that’s too steep for me to mow – I think the Ace lawn ornament is by far my biggest achievement.

He is after all, the finest work of art I own, and I like to think – whether he’s up on his tree stump pedestal or just hanging out in the yard – he makes the bucolic little town of Bethania even more beautiful.

(Photo and video by John Woestendiek / ohmidog!)

 

I can’t drive 2.5

It’s one of the things you do when you’re in Winston-Salem. You see the giant coffee pot. You eat some Krispy Kreme Donuts. You take a picture of the big downtown building that looks like a penis. And you stroll around Old Salem, or in our case – given a mom that doesn’t get around like she used to and a still gimpy dog – you drive.

Since we were at the Moravian Graveyard, or God’s Acre, anyway — to place some flowers on the grave of a great aunt — Ace, mom and I decided to cruise around Old Salem, a restored Moravian settlement that, like a smaller scale Williamsburg, features old-time craftsmen and shops staffed by people in period garb.

Before Winston and Salem became one (in 1913), there was Salem to the south and Winston to the north. After the merger Winston-Salem became, for a while, the most populous city in the state, and enjoyed a major boom powered by tobacco and textiles.

In some ways, it’s still bustling; in some ways it’s sleepy. Its tobacco-based economy has given way, ironically enough, to a health-care based one. Hospitals, it sometime seems, are taking over the town. There’s a thriving arts scene. Still, overall, the pace is slow.

Even though I knew that, even though Old Salem is a pedestrian experience — and I mean that in terms of people walking — I was surprised to see the speed limit that was posted in Old Salem: 2.5 miles per hour.

I’d never seen a speed limit that low, and when I tried to drive 2.5, it was nearly impossible. It’s just a smidge, or a skosh, above being motionless. But, laws being laws, I did my best, creeping along like a snail in my red jeep, traffic gathering behind me, mother beside me and Ace in the back seat wondering, I’d guess, “What is this? Are we stopping or not?”

As we crept along, my mother showed me the house my sister born in, and, nearby, the building at Salem College where she worked in the public relations department. As we left, I insisted on pulling over to take a picture of the speed limit sign, for by then – even though I’m all for playing it safe and slowing down in life — I’d concluded that the the 2.5 mile speed limit was one of the most ridiculous things ever.

It was only then, through the lens of my camera, that I realized the speed limit wasn’t 2.5; it was 25, the dot between the 2 and the 5 being the bolt that affixed the sign to its post.

By that time, I needed a strong cup of coffee, for driving 2.5 makes one sleepy at an amazing speed.

I settled for the coffee pot, just a couple of blocks away and one of  Winston-Salem’s best-known landmarks.

The coffee pot is 12 feet high, 16 feet in circumference and was made by tinsmith Julius Mickey in 1858. In the town then known as Salem, Mickey opened a grocery store and, in its loft, a tinsmith shop.

The tin shop turned out to fare far better than the grocery. It was the source of cups, plates, pots, pans, coffee and tea pots, buckets and lanterns and more — items in such demand that a second tinsmith opened just down the street.

To distinguish his shop from it, Mickey built, of tin, an enormous coffee pot, large enough, it is said, to hold 740 gallons of coffee. He placed it on a wooden post in front of his shop on the side of the street -– in a way that it actually extended into the street. Over time it became banged up by horse-drawn buggies that bumped it.

By the time Mickey sold his shop to another tinsmith, L. B. Brickenstein, the pot was considered both a town symbol and a nuisance.

In 1920, a horse and buggy driver struck the pot, knocking it off its wooden post. According to a 1966 article on the coffee pot’s history, published in the Winston-Salem Journal, the pot landed across the sidewalk, and just missed hitting a woman and child who were walking by.

The Winston-Salem board of alderman – the two towns having become one by then — ruled that the pot was a traffic hazard and a violation of a town ordinance regulating advertising signs. The board ordered it taken down. It was stored, but only briefly. After an outcry from those who saw it as an important landmark, it was put back up — just a little further away from the street.

In 1924, the Vogler family bought the old shop, and decided to leave the coffee pot standing, even if it didn’t exactly go with their expanding business — a funeral home.

In the 1950’s progress dictated — and progress does have a way of dictating —  that the pot must go. Interstate 40 was coming through town, and the route went right through where the coffee pot stood.  Suggestions that the highway be rerouted to skirt the pot were overruled.

Instead, the coffee pot was removed from its location at Belews and Main Street and, early in 1959, relocated to an expanse of grass at the point where the Old Salem bypass enters Main Street.

Coffee pot lore is abundant, some of it possibly even true. One legend has it that the pot served as a mail drop for spies during the Revolutionary War – a little hard to swallow considering it wasn’t built until 1858.

Still percolating as well are accounts that, during the Civil War, the coffee pot, which does have a trap door built into it, once hid a Yankee soldier (caffeinated version), or a Confederate soldier (decaffeinated version).

People do move slower in the south, and I think that’s a good thing.

In my travels with Ace, I’ve found that decreasing one’s pace, avoiding a schedule, allows one to see more, hear more, experience more, meet people more, and make fewer misteaks. (If you didn’t catch that, you’re reading too fast.)

Maybe I’m getting old, or maybe I’m getting southern, but I think we’d all be well served by not trying to do everything so fast — even if it does cut into the profit margin. We’d be better off — and I’d bet the average tinsmith agrees —  to do our jobs more slowly and carefully, not to mention walk a little slower, talk a little slower, eat our Krispy Kreme donuts a little slower, even drive a little slower.

I’d highly recommend it — just not 2.5 mph.

School district settles lawsuit over banning autistic student’s service dog

The fight between a Florida school district and a student with autism who wanted to bring his service dog to class is over — with no real resolution.

The Collier County School Board approved a settlement last week that will pay William and Brenda Hughes $125,000 to settle a lawsuit brought forward on behalf of their son, Derek.

The suit alleged that the district violated the Individuals With Disabilities Act, the American Disabilities Act and section 504 of the Rehabilitation Act.

In return for the Hughes dropping the complaint, and agreeing not to enroll their son in Collier County’s schools again, the district forked over the money and admitted no wrongdoing.

Hughes and his wife pulled their autistic son, Derek, from Collier public schools several years ago. He now attends school in Chester County, Pennsylvania, according to NaplesNews.com

The family had argued that the school district was negligent by not allowing the Pine Ridge Middle School student to bring his service dog to school.