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Appeals Could Stall Pet Food Recall Settlement

Two appeals filed in December 2008 will postpone payment of claims.

Posted: January 9, 2009, 5 a.m. EST

Compensation payments for pet owners affected by 2007’s pet food recall may be delayed due to appeals filed against a $24 million settlement agreed upon by companies that manufactured and dealt the contaminated food.

More than 23,000 pet owners in the United States have asked to receive compensation in the settlement, and those with approved claims were to start receiving checks in 2009. However, two appeals were filed in December 2008. According to the case’s claims administrator website, that means the payment of claims will be postponed.

“No payments may be made on eligible claims until all appeals are resolved,” the website states. “It is uncertain how long these appeals will take to resolve, and the timing of resolving the appeals is not within the control of the parties or their counsel. It is not uncommon for appeals to take several months or even years to resolve.”

The case began in March 2007 when Menu Foods, of Ontario, Canada, recalled more than 50 brands of dog food and more than 40 brands of cat food after a number of pets became sick. Several other companies soon followed suit. The recall eventually covered approximately 180 brands of pet food and treats produced by 12 different manufacturers and distributed, marketed, and sold to dozens of retailers.

Wheat gluten and rice-protein concentrate imported from China were found to have been contaminated with melamine, an industrial chemical used to make plastic, and cyanuric acid — the combination of which can lead to acute renal failure in small animals.

Menu Foods and other companies involved in the pet food recall agreed to pay up to $24 million in a settlement, which was approved by a federal judge in October 2008. Canadian courts approved the settlement in November.

The settlement agreement creates a settlement fund that will allow a potential recovery of up to 100 percent of economic damages incurred by pet owners. Pet owners can receive up to $900 for undocumented claims.

One of the appeals to the settlement concerns alleged mislabeling of pet food as “Made in the USA.” The other regards the fairness and adequacy of the settlement, among other arguments. Details were not immediately available.

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Reader Comments
So do we have any power at all?? Barbara whistleblower? and John from Texas going to Jersy? What can we do? how can I help? I am so very tirede of feeling absolutly powerless. Can we begin a class action against the class action?
As absolutly redicules as it sounds
theresa, wading river, NY
Posted: 11/20/2009 7:57:53 AM
I'AM VERY TRYED OF THESE CROOK ADMINISTRATORS, ATTORNEYS AND FAKE CLASS-ACTION MEMBERS. B.S.
NOW MY BELOVED 'SMOKEY' HAS DIED FROM THE POISON
TANTED DOG FOOD. SO, I'AM GOING TO INVESTIGATE THIS
MY-SELF BY GOING TO NEW JERSCY TO COMFRONT THESE
CROOKS MY-SELF AND I'M GOING TO_____________________ THEIR __________________
OFF, FOR THE DEATH OF 'SMOKEY', SOMEBODY GOT TO
PAY LET IT BE THEM.
JOHN, DALLAS, TX
Posted: 11/17/2009 1:18:10 PM
It is sad that pet owners must wait for there claim. What is there to appeal? They killed out pet,Barney.
Gibby, Land O Lakes, FL
Posted: 11/16/2009 3:12:15 PM
I never found the product that gave my five year old healthy Standard Poodle renal failure, The same week that this whole story hit the news. He got too many treats for everything, "just for being beautiful" It seemed like a conspiricy while it was happening, the two differant vets would not call it pet food poising they called it glomerlonefritus (renal failure "due to a toxin")It still seems like a conspiricy to me, all the comments I have read about the lawyers collecting the interest and the money just being gone...........????over $5,000 debt i went into trying to save my friend and my so called pet insurance........what a joke. A very bad joke just like this is.I wish us all some closeure
Theresa, Wading River, NY
Posted: 10/29/2009 8:19:54 AM
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