An Illinois dog owner filed a $5 million class-action law suit today on behalf of his deceased dog and at least 100 other dogs whose owners claim died of kidney failure as a result of eating Waggin' Train chicken jerky dog treats. The claim was filed against the parent company of Waggin' Train, Nestle Purina, and Walmart, which sells the Waggin' Train brand.
Dennis Adkins, who filed the suit against Nestle Purina and Walmart, claimed that he purchased the Yam Good treats that were advertised as "just wholesome goodness," and "what nature intended," and gave them to his Pom, Cleopatra, for three days before she got sick. Eleven days later, Adkins dog had died from kidney failure.
The FDA has been investigating certain dog treats made in China since 2007, but no warning was made about chicken jerky until November, 2011, when the FDA announced that some pet owners and veterinarians had reported dogs becoming sick with kidney failure after eating chicken jerky treats made in China. Some had died.
But no demand of withdrawal of these products was made, nor did Nestle Purina voluntarily remove their chicken jerky products from the market. Nestle insists that its treats are safe to feed as directed, in this case, one per day.
A Walmart spokesperson said, "If evidence is found linking a contaminant to our products, we will take
Atkins claims that he gave his dog the Yam Good treats as directed. The suit claims breach of warranty, unjust enrichment, negligence.
product liability and failure to warn and that the class of potential defendants is at least 100 consumers nation-wide.
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