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By MEG KINNARD, Associated Press Writer Fri Jan 4, 2:17 PM ET
COLUMBIA, S.C. - A company that made contaminated pet food that killed dozens of dogs nationwide will pay $3.1 million in a settlement with pet owners, an attorney said Friday.
The pet food, which contained a mold called aflatoxin, was produced at Diamond Pet Foods' plant in South Carolina. The company will set up a fund to reimburse pet owners for the loss of their dog, veterinarian bills and the cost of any unreturned contaminated food, said attorney Jim Andrews, who represented a Knoxville, Tenn., family that sued the company.
Diamond Pet Foods, based in Meta, Mo., acknowledged that workers at its Gaston, S.C., plant failed to follow internal testing procedures to ensure its products were safe. The company made the acknowledgment after the Food and Drug Administration released a report showing the company has no record of test results for 12 shipments of corn in 2005, when grain tainted with the deadly fungus slipped into the plant.
The company contends it did nothing illegal, according to the settlement.
An attorney for the company said Diamond would cooperate with claimants.
"Diamond's taken care of its customers since the very first day that they found out about this, and I think the settlement that we've entered into continues to do that," lawyer Jeffrey Thompson said from his office in Knoxville, Tenn.
Aflatoxin, a naturally occurring chemical that comes from a fungus sometimes found on corn and in other crops, can cause severe liver damage.
The contaminated pet food was sold in 23 states. Diamond recalled about 20 varieties of dog and cat food when a New York veterinarian said in December 2005 that she had linked a dog's death to the company's food. An estimated 350,000 bags of dog food were recalled, according to the settlement.
Both attorneys said Friday they did not know how many people were expected to file claims against the company. According to the settlement agreement, Diamond and its insurance company have already settled about 1,200 related claims for compensation ranging from the price of recalled food to veterinary bills and pet deaths.
The settlement states that owners of a dog that died as a result of eating the contaminated food could receive up to $1,000. Owners could also be compensated up to $1,000 for testing and treatment for aflatoxin poisoning, as well as payment for up to two bags of pet food.
Andrews and other attorneys representing the claimants will receive a fee of $465,000, which will be paid out from the $3.1 million, according to the settlement.
The 2005 recall is unrelated to the contamination problem that prompted recalls of more than 100 pet-food brands in early 2006. In that case, investigators traced pet deaths to a toxic chemical, melamine, that had been added during manufacturing in China.
Diamond Pet Food Settlement: http://www.recalledpetfoodsettlement.com/
Diamond Pet Foods: http://diamondpet.com/
Pet Food Recall - More cat and Dog food pulled from shelves - The FDA list of dog and cat food that has been recalled has grown almost daily since it began in mid-March. Over 200 items were added this week from menu foods alone - this time from fears of cross contamination. Late in the week, SmartPak Canine executed a voluntary nationwide recall on all lots of LiveSmart Adult Lamb and Brown Rice food. This product tested positive for presence of melamine.
The company is presently investigating the source of the contamination in conjunction with its contract manufacturer, Chenango Valley Pet Food. The LiveSmart Adult Lamb formula does not contain rice protein concentrate nor wheat gluten.
The Associated Press has reported that on Friday federal officials placed a hold on 20 million chickens raised for market in several states because their feed was mixed with pet food contaminated with melamine. Three government agencies - the USDA, FDA and EPA - are overseeing a risk assessment to determine whether the chickens would pose a threat to human health if eaten, the AP reports. The assessment may be completed as early as Monday.
The 20 million chickens represent a small fraction of the 9 billion chickens raised each year in the United States. Information regarding which states have chicken producers affected by the hold is expected to be announced later.
Which states have chicken producers affected by the hold will be announced later, USDA spokesman Keith Williams added. State agriculture officials as well as chicken manufacturers were being contacted as the agencies determine the extent of the problem, he said, adding that many farms in several states probably were involved.
Pet Food Recall: Dog Food & Cat Pet Food Recall
Rueters
May 6, 2007
Pet Food Recall Summary
Pet food recall expansions seem to come daily cat food, dog food and small animal pet food has all been affected. Consumers have reported the deaths of as many as 8,500 dogs and cats as a result of tainted pet food, federal officials say.
In tPC's ongoing desire to keep you up to date on the very latest, we continue this pet food recall summary. The Post Chronicle takes the recent pet food recall involving both dog and cat pet food products very seriously and has done its best to report the most up-to-date information to its readers, as it is received
The following information is not new, but rather an opportunity to summarize the information we have reported to date. By providing this summation, we seek to reach those of you who may have missed an article and/or wish to see all the recalls in one reporting.
March 16, 2007
P & G Pet Care announced a voluntary recall for specific Iams and Eukanuba 3 oz., 5.5 oz., 6 oz. and 13.2 oz. canned and 3 oz. and 5.3 oz. foil pouch "wet" cat and dog products manufactured by Menu Foods Inc. Emporia, Kansas plant with the code dates of 6339 through 7073 followed by the plant code 4197. There wer also other supermarket brands made my menu foods.
All other canned and small foil wet pouch products produced at other plants are not affected by this issue. Iams and Eukanuba "dry" products are not manufactured at Menu Foods and not affected by this issue. Iams and Eukanuba biscuits, treats and sauces are not affected by this issue.
For more information, consumers can contact the company at 1-800-882-1591 or visit www.Iams.com and www.Eukanuba.com for details.
Hill's Pet Nutrition, Inc. announced a voluntary recall for the following products: Science Diet Kitten Savory Cuts Ocean Fish 3 oz. and 5.5 oz., Science Diet Feline Adult Savory Cuts Beef 5.5 oz., Science Diet Feline Adult Savory Cuts Chicken 5.5 oz., Science Diet Feline Adult Savory Cuts Ocean Fish 5.5 oz. and Science Diet Feline Senior Savory Cuts Chicken 5.5 oz.
For more information, consumers can contact the company at 1-800-445-5777 or visit www.HillsPet.com for details.
Nestl Purina PetCare Company voluntarily withdraws its 5.3 oz. Mighty Dog brand pouch products that were produced by Menu Foods, Inc. from December 3, 2006 through March 14, 2007.
The Mighty Dog pouch products and pouches in multi-pack cartons have code dates of 6337 through 7073, followed by the plant code 1798
Importantly, no Mighty Dog canned products, or any other Purina products are affected by Menu's recall.
Consumers may contact the company by calling 1-800-551-7392.
March 17, 2007
Menu Foods, Inc. based in Streetsville, Ontario, Canada is recalling all its "cuts and gravy" style dog and cat food produced in its facility in Emporia, Kansas between December 3, 2006 and March 6, 2007.
The products are packaged in cans and pouches under numerous brand names and are marketed nationwide by many pet food retailers including Ahold USA Inc., Kroger Company, Safeway, Wal-Mart Stores, Inc., PetSmart, Inc., and Pet Valu, Inc.
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