One lawsuit is against Mars Petcare, another against Nestle Purina.  The Mars Petcare lawsuit is concerning employees of the pet food plant – but mentions some significant concerns related to pet food.  The Nestle Purina lawsuit will continue despite Purina trying to dismiss it.

News of a lawsuit against pet food giant Mars Petcare has been shared with us from several of you very diligent consumers out there.  Here’s what is being said from two different Joplin, MO news sources…

A lawsuit was filed against Mars Petcare in August 2012.  Court documents claim railcars bringing raw ingredients (“grain, bonemeal, and other organic materials”) into the plant “were not properly cleared of the dangerous fumigants containing Phosphine (PH3) gas before turning those railcars over to Mars.  Those dangerous gases were allowed to accumulate and disburse into the Mars plant at unsafe levels.” 

The Joplin Globe news states “Lawless (spokesperson for Mars Petcare) said a plaintiff also has alleged that petfood products manufactured at the plant contain phosphine.” – a Joplin, MO news station provided the following news clip regarding the lawsuit…

Concerning statements from this video …
“Unsafe working conditions exposed them, pets, and sometimes the general public to danger.”

“We know there was stuff coming in that was fumigated that was not listed and being fumigated that went straight into making pet food.”

“The former employee said the company offered severance pay before closing earlier this year, a condition of that severance was not pursuing further legal action.”

The Mars Petcare response provided to KOAM TV has some concerns too…the Mars Petcare response mentions aflatoxin.  The video’s did not mention aflatoxin – only phosphine gas concerns.  The Mars Petcare statement claims their products were aflatoxin free (“we have had no reports that any of our products have been found to contain aflatoxin”) – but it does make you wonder what information was provided to KOAM TV regarding aflatoxins at this pet food plant (causing Mars Petcare to respond).

This Mars Petcare plant closed in June 2013.

The EPA provides the following information explaining “fumination” with phosphine…
“What is Fumigation?
Fumigation is the act of introducing a pesticide into an enclosed space in such a manner that it disperses quickly and acts in a gaseous state on the target organism. Pesticides formulated as fumigants have physical characteristics which cause them to occupy all air spaces within an enclosed area and to penetrate commodities within these areas. Aluminum and magnesium phosphide fumigants are generally used in space and commodity fumigation, when they are applied to properly sealed structures, containers, or rodent burrows.”

And the EPA states:  “Aluminum and magnesium phosphide are in Toxicity Category I, the highest (most toxic) of four categories, for acute effects via the inhalation route.”

And here’s a video explaining the use of phosphine…

When there is more news learned of this lawsuit, it will be posted.


Jerky Treat Lawsuit Continues
A post on Bloomberg Business Week tells us that Nestle Purina tried to dismiss a lawsuit against the company regarding Waggin’ Train jerky treats – and Purina lost that effort.  The lawsuit will continue.

The Bloomberg story states:  “U.S. District Judge Robert Gettleman in Chicago today refused to toss out the case, saying the plaintiffs provided sufficient facts to make a plausible claim the treats were defective. The judge threw out some claims because they were preempted by product liability statutes of the plaintiffs’ home states.”

Thank goodness this Judge believed that the deaths and illnesses of thousands of pets linked to Chinese imported jerky treats “were defective”.

At the last conversation with FDA (approximately two months ago), Dr. Dan McChessney told Mollie Morrissette and myself the FDA was (finally) investigating the evidence we provided them (in January 2013) linking the pet illnesses and deaths to the illegal sulfa drugs found in the Chinese jerky treats.  We await their decision.  To read more about the link discovered of the illegal sulfa drugs to kidney disease suffered by so many dogs – Click Here and Here.


Wishing you and your pet(s) the best,

Susan Thixton
Association for Truth in Pet Food
Pet Food Safety Advocate
Author Buyer Beware, Co-Author Dinner PAWsible

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