Kroger sued over pet food recall

Cincinnati-based Kroger Co. is the subject of a class action lawsuit filed in Detroit blaming the company for the death of a dog last year after the company issued a pet food recall in 2010.

According to a release issued Wednesday afternoon by the law partnership of Macuga, Liddle & Dubin in Detroit, the complaint filed in federal court on behalf of all customers who purchased pet food contaminated with aflatoxin.

Attempts made Wednesday afternoon to reach Kroger officials for comment were unsuccessful.

On Dec. 18, 2010, Kroger issued a recall because of a possible aflatoxin contamination in a number of its pet foods sold in its stores. Kroger recalled 10 brands of pet food in 19 states including Ohio. There were 68,313 bags of pet foods subject to the recall, according to the complaint.

During that time, Kroger manufactured/produced all of its pet food products, at its facility in Springfield, Tenn. In December 2010 various governmental agencies were notified by consumers regarding animal illnesses/deaths related to Kroger pet food products contaminated with Aflatoxin (a toxic by-product of the growth of fungi/mold on corn).

Aflatoxin is a well known toxin and, when ingested by pets, can cause lethargy, sluggishness, anorexia, vomiting, bloody diarrhea, yellowing of the eyes, and liver disease, according to the release. It can sometimes result in more serious ailments in pets and medical treatment should be sought.

According to the law partnership, the lead plaintiffs in the lawsuit have alleged that they fed Kroger’s Old Yeller Chunk Dog Food to their pedigreed German Shepherd. In January 2011, their dog vomited and became lethargic. Two veterinary visits and two days later, the plaintiffs’ dog died.

“For most people, our pets are family members,” Steve Liddle, lead attorney, was quoted as saying in the release. “This recall has affected thousands of families across the nation and caused a great deal of damage.”

The recalled pet foods were distributed to Kroger stores in Ohio, Alabama, Arkansas, Georgia, Illinois, Indiana, Kentucky, Louisiana, Michigan, Mississippi, Missouri, North Carolina, South Carolina, Tennessee, Texas, Virginia and West Virginia.

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