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Dennis Adkins’ 9-year old Pomeranian, Cleo, became sick and died of liver failure just 13 days after eating her first Waggin’ Train brand chicken jerky wrapped yam treat, purchased from Walmart last March. According to the lawsuit, Adkins fed his dog her first treat (as directed on the package) on March 13. Cleo died on March 26.
Law firm, Edelman, Combs, Latturner & Goodwin, LLC of Chicago, IL, has filed the first class action lawsuit against Waggin’ Train and Walmart on behalf of Dennis Adkins and “all consumers who purchased certain dog treats manufactured, marketed, distributed or sold by defendants.”
Despite FDA investigations into chicken jerky treats imported from China dating as far back as 2007 and an official FDA warning to consumers regarding the treats issued last November, Nestle Purina continues to assert that their treats are “safe to feed as directed.” Likewise, big-box retail giant, Walmart, continues to sell the treats to consumers, under the implied guarantee that they are safe for pets.
In the lawsuit, Adkins claims that Nestle Purina and Walmart Stores are fully aware that the treats pose a serious health risk to dogs, and yet they still manufacture, market, and sell the products as safe and healthy – with complete disregard or warning to potential purchasers.
Adkins is seeking $5 million in compensatory and punitive damages in the class-action suit under seven counts including breach of warranty, unjust enrichment, negligence, product liability, and failure to warn.
The Purina Waggin’ Train Chicken Dog Treat Class Action Lawsuit case is Adkins v. Nestle Purina Petcare Co., Case No. 12-cv-2871, U.S. District Court, Northern District of Illinois, Chicago.