Pittsburgh, PA: A federal defective products class action lawsuit has been filed against Del Monte subsidiary Milo's Kitchen which sells Chicken Jerky Dog Treats made in China. The suit alleges that the dog treats kill dogs and make them sick.
The lawsuit, filed by lead plaintiff Lisa Mazur, alleges that Mazur' healthy 7-year-old dog, Riley Rae, suffered kidney failure and had to be euthanized after being given the treats from time to time over a one month period.
Mazur claims the only change in Riley Rae's diet that month was the addition of Milo's treats, which the lawsuit states "were unsafe, defective, dangerous, culpably misrepresented as safe and healthy, and did not conform to applicable implied and express warranties."
Milo' was sued in late June by a dog owner in Los Angeles who claimed her dog came "close to death"after suffering kidney failure from bad dog biscuits.
Mazur's federal class action lawsuit claims that the label of the dog treats at issue states the treats are made in China. Mazur claims that while there is a reference to a US FDA cautionary warning on the "frequently asked questions" portion of Milo's Kitchen's website, the warning is "downplayed" and "a purchaser will not see it unless they access the web site and click through the questions."
The web site still states that "Chicken Jerky is made with the quality and care your dog deserves. There are no artificial chicken flavors or filler ingredients. Just meaty, delicious whole fillets of 100% real jerky," Mazur says in the lawsuit.
Mazur claims that despite the FDA warnings, the defendants have not recalled their dangerous products, nor put warnings on the packages.
"No reasonable person would feed dog treats to their dogs knowing that there was a substantial risk of death or illness from doing so," the complaint states. "Plaintiff, and other consumers, did not learn of the FDA warning, until their dogs had consumed the treats and either became sick or passed away. "Defendants intentionally concealed known facts concerning the safety of their dog treats in order to increase or maintain sales."
The lawsuit is seeking punitive damages for the class, for common law fraud, unjust enrichment, negligence, product liability, unfair trade, breach of warranty, failure to warn, and defective manufacture or design. Mazur is represented by the lawfirm of Morrow & Artim.