New York, NY: A Smuckers-owned dog food company that makes Kibbles ‘n Bits is facing a consumer fraud class action lawsuit over allegations it used unsafe ingredients in its dog food – despite advertising that the food was safe.
Specifically, plaintiff Rosmarie Schirripa states in the complaint that recently done tests of JM Smucker Co’s subsidiary Big Heart Pet Brands Inc., dog food, shows that the food contains pentobarbital, a substance used to euthanize animals. Pentobarbital was found in samples Big Heart's Kibbles 'n Bits canned dog food.
"Pentobarbital is a Class II controlled substance and there is no safe or set level for pentobarbital in pet food. If it is present, the food is adulterated," the complaint states.
Schirripa alleges in her complaint that she heard about the tests while listening to Washington, D.C.-based television station WJLA, which aired a report on February 8, claiming that tests at two laboratories had found pentobarbital in multiple varieties of Kibbles 'n Bits canned dog food.
Pentobarbital is routinely used to euthanize animals, both domestic pets and livestock, and survives the rendering process, Schirripa states in the proposed class action.
The complaint asserts that the package labeling fails to mention the contamination and that Big Heart has put out statements claiming to have "strict" safety and quality control procedures, and that its food will be "pure, wholesome and safe for pets."
"Defendants' material omissions are false, misleading, and reasonably likely to deceive the public. This is true especially in light of the long-standing campaign by defendants to market all their products, including the contaminated dog food and 'providing safe, healthy and high-quality food' with the as healthy and safe with the 'purest ingredients,'" the lawsuit states.
In a voluntary recall of the products named in the complaint, Big Heart states the amount of drug found did not pose a danger to pets, Schirripa alleges. However, the defendant said the contamination had been traced back to cow, pig and chicken fat from a particular supplier, which it said it would not name due to potential litigation, and that it would now test its products for the drug and "enhance" its supplier oversight.
Schirripa is seeking to bring claims both federally and in New York on behalf of any New York residents who purchased the food at issue between February 2012 and the present.
Schirripa is represented by Paul B. Maslo and Salvatore C. Badala of Napoli Shkolnik PLLCand Anne Andrews of Andrews & Thornton.
The case is Rosemarie Schirripa v. Big Heart Pet Brands Inc. et al., case number 1:18-cv-02345, in the U.S. District Court for the Southern District of New York.
My dog throws up every time she ate Kibbles and Bits. She also got very thirsty and would drink a big bowl of water then throw it up on the floor. She would get lethargic and her belly would grumble and made all kinds of sick noises and she just lay there and whimper. I stopped feeding Kibbles & Bits and she hasnt been sick since. She is a full blooded Rottweiler approx 90 lb age 8 yrs very energetic. my number 845-706-2370
Posted by Christy Andrews
My 2 dogs throw up after eating kindles n bits
Posted by Regina Randolph
This caused both my dogs to throw up for two days until I connected it to the kibbles n bits dog food. Thank goodness I did.
Posted by carol green
I fed my german shepard kibbles and bits dog food, He threw up several times. Each time I fed it to him.. the same reaction happened. I threw it out and only feed him Royal Canine
Posted by Jo GRAF
My dogs were effected by this Please add me
Posted by Christopher Michael Waltermire
I bought my dog the canned kibble n bits dog food this summer. He was gettin sick & was dry heaving alot he never did before. it went on like this for about a month than i changed his dog food too purina dry food and noticed after bout a week after he wasn't as sick and started to come around so I threw all my cans of kibble n bits in the trash my poor dog. hes happier today and doesn't ever throw up
Posted by Jamye Mitchell
I fed my dog this product and she developed a severe indigestion problem. I am interested in participating in this litigation. My contact information is as follows:
My dog started getting sick two days ago and only after I just bought a big bag of this dog food
Posted by Ruthanne Kilheffer
I had tried it once or twice and my back Russell threw up afterwards each time. Haven't bought it since!
Posted by Virginia A Taylor
my dog gets sick every time she ate kibbles and bits dog food. she also almost died due to a serious uteriius infection. she is a fufl blood boston terrier with papers. my phone number is 254 315 4288.
Posted by enyaw frank
my dog always get sick after eating this food
Add Your Comment on This Issue
Request Consumer Fraud Legal Help
Please complete this form to request a review of your complaint by an attorney.
There is absolutely no cost to you to submit this form. Doing so places you under no obligations and does not establish an attorney-client relationship.
Receive our weekly newsletter from our sister publication LawyersandSettlements with the latest lawsuit news and legal information.