The lawsuit doesn’t appear to be officially accusing Champion of causing DCM, but it appears to be opening the door for that potential in the future.
The original lawsuit against Champion Pet Food filed in March 2018 included claims of “negligent, reckless, and/or intentional practice of misrepresenting and failing to fully disclose the presence of heavy metals and toxins in their pet food “.
An amended complaint was filed in November 2018, adding “pentobarbital” risk to the lawsuit. Quoting the amended lawsuit against Champion: “It was recently revealed on information and belief that Defendants were knowingly, recklessly and/or negligently selling certain of the Contaminated Dog Foods from the DogStar Kitchens containing pentobarbital, a substance largely used to euthanize animals.”
And another amended complaint was filed in February 2019 challenging Champion Pet Food’s marketing claims of “regional” and “fresh” ingredients. This amended complaint stated: “It was recently revealed on information and belief that Defendants were knowingly, recklessly, and/or negligently selling certain of the Contaminated Dog Foods from the DogStar® Kitchens containing pentobarbital that was caused by cross-contamination that resulted from its supplier, MOPAC, an eastern Pennsylvania rendering facility belonging to JBS USA Holdings, Inc. (“JBS”), having accepted and processed euthanized horses in earlier production runs for other customers.”
This third amended complaint against Champion Pet Food includes the following two mentions of DCM (dilated cardiomyopathy):
“Additionally, on July 12, 2018, the FDA issued a warning that “dogs eating certain pet foods containing peas, lentils, other legume seeds, or potatoes as main ingredients” were experiencing DCM, a heart muscle disease that results in an enlarged heart. “As the heart and its chambers become dilated, it becomes harder for the heart to pump, and heart valves may leak, leading to a buildup of fluids in the chest and abdomen. DCM often results in congestive heart failure.” Thereafter, on June 27, 2019, the FDA released a report of its investigation into DCM that disclosed Defendants’ brands account for 14.88 percent of reported cases of DCM in the past 5 years. Defendants were aware of the risk and the reported cases associated with the Contaminated Pet Foods from at least July 2018 and yet chose not to include any warning or link to the FDA investigation into DCM.”
“Yet, Defendants warrant, promise, represent, mislead, label, and/or advertise that the Contaminated Dog Foods are free of heavy metals, pentobarbital, toxins, BPA, and/or unnatural or other ingredients and would not pose a risk for pets developing Dilated Cardiomyopathy (“DCM”) by touting the Contaminated Dog Food as “Biologically Appropriate™” (a nutritional statement) and assuring the food represents an evolutionary diet that mirrors that of a wolf—free of anything “nature did not intend for your dog to eat.”
Other interesting issues of this amended lawsuit – but not fully explained in the complaint – are (item 166 found on page 76 – bold added):
“Defendants knew or should have known that the Contaminated Dog Foods did not have the ingredients, uses, and benefits described herein because:
They contain ingredients that are frozen, stored for years, and/or expired prior to manufacturing or composed of regrind kibble;
They are routinely manufactured with substitute ingredients not included in the Ingredient List, MeatMath®, or nutritional analysis;”
Lots of questions remain – unfortunately we’ll have to wait to see how this lawsuit unfolds for answers.
To read the full amended Champion Pet Food complaint, Click Here.
Wishing you and your pet(s) the best,
Susan Thixton
Pet Food Safety Advocate
Author Buyer Beware, Co-Author Dinner PAWsible
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Nicole
July 24, 2019 at 2:26 pm
Just curious….is this just with Champion Pet foods in the US? Or does this include Canada as well?
Susan Thixton
July 24, 2019 at 2:27 pm
I believe the lawsuit is tied to the US plant, not the Canadian plant.
Gerry
July 26, 2019 at 2:36 pm
I have been using champion foods for my dogs for over 10 years and never had one issue. Some folks are sue happy.
~Pet Owner~
July 26, 2019 at 4:08 pm
No. Some people have a dog that has suffered. From the food it has eaten. I can vouch for that.
The problem is … not enough people DO sue.
Dennis D.
June 23, 2020 at 3:22 pm
Champion Pet foods are manufactured in Morinville ,Alberta. Recently Champion built a brand new plant In Acheson west of Edmonton. About 2 years ago> My guess they are all the same. I drove by and seen 3 semi’s with double (B trains) hauling to the plant? Now Champion says That Legumes are not a significant product in the recipes?? Explain to me just what is in those trailers grain products! We stopped bye any of their products despite past publicity of how great their products were? Dogs are meat eaters, NOT grain eaters! Make your own and stay away from these companies.
Chelsea
July 24, 2019 at 2:30 pm
Let’s not forget that you can sue someone for practically anything in the states…
Susan Thixton
July 24, 2019 at 2:45 pm
True. However, with the claim of this lawsuit of pentobarbital – that has been confirmed through Freedom of Information Act request documents. You can read those documents here: https://truthaboutpetfood.com/pentobarbital-champion-pet-food-and-no-uniform-enforcement-of-law/
Sherri
July 24, 2019 at 2:43 pm
Back in the day when I used to feed kibble this brand was one that I used. Then they opened their Kentucky plant and I noticed the recipe changed and was chock full of beans, peas and lentils. When you combine all the legumes compared to how much actual meat is used…it doesn’t surprise me that dogs on this diet are at higher risk of DCM. I have long since dumped any kind of kibble and feed either homemade raw or commercial raw and I also use Evermore as part of my rotation. Healthiest dogs I’ve ever had.
~Pet Owner~
July 24, 2019 at 6:14 pm
Before the Kentucky plant. I fed two different recipes. One poultry. One fish. To two dogs bred from different lines. One young, and one older, who could generally eat anything. Including raw. And I’ve never seen such bad diarrhea happening simultaneously, for dogs that were kept separately from other dogs, didn’t go walking in public, kept on a supervised and controlled property. Never fed food that wasn’t meant for dogs.
I called them on it. And they never told me the truth. But they changed the recipe, which I figured out by comparing product labels on different websites.
Truth is, the food was probably a lot worse than JUST the adjustment of a recipe. But it was at the beginning of when they went from being a small, controlled company, into accepting a larger investment.
Helena
July 24, 2019 at 3:27 pm
How and who do we report to the FDA that my dog passed away from DCM and he ate a few of the brands of dog food on the list.
Susan Thixton
July 24, 2019 at 3:49 pm
Here is the FDA link: https://www.fda.gov/animal-veterinary/report-problem/how-report-pet-food-complaint
Charis Werner
July 24, 2019 at 4:26 pm
I lost a dog to DCM that was exclusively fed this brand for several years . I just assumed at the time that it was breed related ( Doberman) . I have an unopened bag of this kibble….any advice on testing it or safely disposing of it?
Krista J
July 25, 2019 at 1:21 am
I, too, lost my beautiful 6 year old Doberman to DCM on February 28, 2018; just a few months before the first FDA warning. The cardiologist assumed it was genetic and didn’t even measure taurine levels and I didn’t know enough to ask. I have to wonder if I had switched foods if he would still be with me. I rotated between Orijen, Instinct, Wellness Core, Merrick and added a raw food topper. Please use the above link posted by Susan to report your experience to the FDA. One of the questions they ask is if you have an unopened bag of kibble.
Zachary Chernik
July 25, 2019 at 2:03 pm
Please contact https://www.locklaw.com/products-liability/
They are the lead law firm against Champion Pet Foods headed by Rebecca Peterson.
I would hold onto the food until legal direction for testing.
If you have question or concerns, please contact me directly. zchernik@4gci.com
~Pet Owner~
July 24, 2019 at 6:06 pm
This is just so sad. The “Darling” of the PFI, charging consumers triple what the product is worth. They lied to me years ago. And are still doing so. Based on hype, perception, and a fancy website. “Regional Ingredients” …. give me a break. What does that mean, that they obtained stuff from somewhere on the same continent as opposed to overseas!
I’m sorry for being so cynical and sarcastic. But after a decade to think anybody can go to bed at night for a good night’s sleep … KNOWING there are dogs out there suffering.
From pesticide usage, do 4D meat, to mycotoxins, to an absence of refrigeration, and sloppy transport. I hope that this example of Champion is good example for “believers” and “defenders” to AT LEAST get their dog OFF OF kibble.
You either make a GOOD product or you don’t. There is no in between.
Amelia
July 24, 2019 at 9:37 pm
It is so disheartening that you cannot trust any of these dog food manufacturers. We are putting our dogs lives in their hands. Unfortunately, my dog was a victim of this company and has diet induced DCM. He ate this food all his life. I switched foods a year ago, but who knows if I am feeding food that will not cause some other type of problem. I believe all of these dog food manufacturers need to be held accountable for their actions. But I won’t be surprised if none of them are held accountable!
Alli
July 25, 2019 at 10:54 am
I agree with “Pet Owner”
how can we enforce the FDA and the USDA have stronger rules when it comes to manufacturing pet food???
Gary
July 25, 2019 at 11:22 am
Hi Susan
Are you involved with these lawsuits in anyway?
The FDA story is the worst reported story I have ever seen. All it says is that dogs have DCM a genetic enlarged heart muscle, & that many of these dogs diagnosed with the disease were eating Champion product. If you feed the most dogs & 1% of dogs have DCM then 1% of the dogs you feed will have DCM But if I was
born with DCM, my wife who is a cardiac operating nurse says my diet wouldn’t effect the DCM in any way unless
there are outside factors like high cholesterol diet, high sugar or fat diet that would put all of us in poor health.
It also say this is a paid study on grain-free only, foods with grain are also on a separate list. There is no link to diet
& increase in DCM, if DCM is on the rise it would be from poor breeding. If you think adding grain to a dog’s diet is good, then your not very smart when it comes to Pet nutrition. The report does say all carbs will affect probiotics in the dog’s stomach preventing them from absorbing Taurine, & other nutrients. It says in the report to avoid Lamb & Rice? as Lamb doesn’t contain a lot of taurine per pound of meat. It also say to avoid all the exotic proteins Vet’s have
put dogs on in the last 25 yrs ( Lamb, Duck, Venison, Kangaroo, Rabbit, Salmon??? ) It sounds like the Vet’s are
incompetent when it comes to nutrition. There are not a lot of low carb diets that have grain in them most are 40%
carb or higher. Everything Champion makes is <30% carb. If your dog has DCM you should feed Orijen Original
as it is 85% Chicken which is the highest Taurine meat, & it only has 15% fruit veggies…. & a < 20% carb.
Carb also takes a very acidic dog or cats stomach & turns it Alkaline, now they won't break down crystals & can
get sick if they eat something that contains bacteria, salmonella… In the late 80's when DCM was discovered in Cat's
there were only diets containing grain. Grain-free diets are really only 12-15 years old. Another point is that out of all the dogs in this FDA study, only 43% had low taurine levels in their blood, 57% had adequate amount?
Susan Thixton
July 25, 2019 at 12:13 pm
No. I have no involvement with the lawsuit.
Susan Gonzalez
July 25, 2019 at 9:38 pm
Are Acana dry cat food ingredients just as questionable? The ingredients include peas,. beans, chickpeas, and lentils (“biologically appropriate” for cats).
~Pet Owner~
July 25, 2019 at 10:29 pm
OMG. Kibble is never appropriate for cats.
Forget Champion!
Zachary Chernik
July 26, 2019 at 1:02 am
Hi Susan,
The Cat product line is also included in the lawsuit.
Cannoliamo
August 14, 2019 at 10:21 am
The DCM controversy continues (and escalates) ……
https://www.veterinaryintegrity.org/
[The following paragraphs are quotations from the above website]
DCM is a real disease. It deserves real science. There is no evidence that “BEG diets” are associated with higher rates of canine DCM. Not one single study.
Because it was never peer-reviewed, the article is rife with the kinds of false and misleading statements that reviewers surely would have caught if given the chance. It grossly mischaracterizes the evidence surrounding its subject, it relies on anecdotes and conjectures instead of evidence for its most basic assumptions, it misrepresents studies that were unpublished at the time it went to print, it overlooks suspicious methodological irregularities in recent DCM studies published elsewhere by its own authors, and its authors have financial ties (including undisclosed ones) to “Big Kibble” pet food companies with clear incentives to promote a link between “BEG diets” and canine DCM, even if one doesn’t really exist.
My name is Daniel Schulof. I’m the author of a 2016 book about bad science and conflicts of interest in the veterinary nutrition community and, more recently, the founder of a “BEG” pet food company. So I’m motivated to correct the evidentiary record on this issue for several reasons: (1) I’m one of relatively few subject matter experts in a position to spot the malfeasance in the first place, (2) unlike many veterinary nutritionists who might share my perspective on these matters, I’m not beholden to Big Kibble to finance my work, (3) my own company (whose products most certainly do not give dogs DCM) is being unfairly defamed by the article, and (4) as a loving pet-owner myself, I’m highly motivated to ensure that the veterinary nutrition community holds itself to high standards of rigor, professionalism, and integrity.
https://static1.squarespace.com/static/5cf53f8a8477da000183d794/t/5d3b204bbefb3a0001075120/1564156090282/Schulof+Ltr+to+Matushek+re+Retraction+7+26+19.pdf
J.D.
September 17, 2019 at 7:22 am
When it comes to DCM, the FDA was reckless and libel. There is absolutely no scientific proof that any of these foods will cause DCM in dogs. In addition the number of dogs that the FDA claim equals less than 1% of all dogs on grain free diets. Statistically your dog is more likely to be hit by a car than get DCM. While I am not a fan of Champion and their practices, I think that this opening of the door will hurt the law suit more than help it. In addition, when the chips all fall I think we will see that the real villain here is ingredient splitting. The FDA allows companies to split a pea into four different parts and add while peas to the bag. This allows the peas to fall to the bottom of the deck where they don’t look scary. Add up all the pea parts to the whole peas and you will get a bag full of peas with a splash of meat in it.