CHICAGO (CBS) — An Orland Park man is suing the pet food maker Nestle Purina, on claims that tainted treats killed his dog.
Dennis Adkins filed the lawsuit in U.S. District Court against the Waggin’ Train brand – a subsidiary of Nestle Purina – and Wal-Mart, where he bought the treats.
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He says he began giving his 9-year-old Pomeranian, Cleopatra, Yam Good treats a few weeks ago. The treats are made from yams wrapped in chicken jerky, and are manufactured in China, the lawsuit said.
He bought the treats because the package boasted they were “just wholesome goodness” and “what nature intended.”
But after three days of feeding the treats to Cleopatra, she became sick, the lawsuit said. The dog died of kidney failure 11 days later, on March 26.
The lawsuit notes that the Food and Drug Administration issued an advisory last November about the treats, warning that some pet owners and veterinarians had reported dogs who ate chicken jerky treats from China had gotten sick. Some had suffered kidney failure, the lawsuit said.
But none of the products were recalled, and no specific brands were mentioned in the FDA warning.
Keith Schopp, a spokesman for Nestle Purina and Waggin’ Train, says the Waggin’ Train products are safe to feed as directed. He declined to comment on the pending litigation.
A Wal-Mart spokesman was not available to comment on the suit Wednesday night.
The seven-count suit claims breach of warranty, unjust enrichment, negligence, product liability and failure to warn. The suit claims the class of potential defendants is at least 100 consumers nationwide, and that the potential amount of damages exceeds $5 million.
The Sun-Times Media Wire contributed to this report.