Consumers v Party Animal Pet Food

Another class action lawsuit filed “on behalf of consumers who purchased Party Animal brand dog foods labeled as organic.”

From the press release…

Party Animal “Cocolicious” Chicken and Beef purchased by Ms. Black was found to allegedly contain Pentobarbital, an animal euthanasia drug. Additionally, the lawsuit alleges that the Party Animal brand dog foods in question are otherwise mislabeled as containing certain healthful ingredients that are not in fact included in the pet food as advertised.

The lawsuit alleges that an Illinois-based private label pet food manufacturer named Evanger’s Dog and Cat Food Company (“Evanger’s”) manufactured and canned the Party Animal “Cocolicious” branded food, and alleges that meats from dead animal processors were used to make the “organic” pet food despite being tainted with the toxic levels of Pentobarbital. Both Party Animal, Inc. and Evanger’s are named as Defendants in the case.

Roger S. Braugh, Jr., counsel for Ms. Black, stated, “We are determined to fully investigate this case to determine how and why ‘organic’ pet foods can allegedly contain Pentobarbital, and why such costly organic pet foods can also be produced and sold with allegedly misleading labels about healthy ingredients that are not actually contained in the food. We hope that this case can provide some assistance to people whose pets were injured or killed, and for consumers who may have been misled about the contents of this food. We intend to conduct a complete investigation by tracking the entire supply and distribution chain so that all responsible parties may be identified. We will follow the facts wherever they lead.”

Excerpts from the lawsuit…

On March 8, 2017 Ms. Black was then contacted by an unidentified male caller. He later identified himself as Bret Sher, and claimed he was a customer service representative of Party Animal. However it appears that he misrepresented that fact and that he is in fact affiliated with, or owner or operator of Defendant, Evanger’s Dog and Cat Food Company, Inc., who is the supplier/manufacturer for the Party Animal pet foods in question.

At all times relevant, Bret Sher insisted that Party Animal’s Cocolicious was Organic and had to go through strenuous protocols to be labeled Organic and that even though the food was made in a plant that had a prior recall, that there was no possible way the Party Animal food could be affected because it is packed by hand and the recalled food was not. Mr. Sher vehemently denied that the Party Animal pet food made by his company, Evanger’s was tainted.

Nonetheless, Mr. Sher requested that Ms. Black put all Party Animal food in her possession outside of her home and stated that FedEx would come pick it up and that he would replace the food with a different food at no cost. Ms. Black had nine cans of unopened Party Animal Chicken/Beef from lot # 0134E1523713 and ½ can of Beef and Turkey from lot # 0136E1520404 (best by July 2019) which was secured in Ms. Black’s freezer.

FedEx picked up the first box and then Ms. Black found an additional can and let Bret Sher know. Sher sent FedEx again to retrieve the pet food.

Plaintiff insisted that the subject pet food be tested for contaminants or toxic agents, but neither Party Animal nor Evanger’s would confirm that testing would or had been conducted or provide Plaintiff any further information. They were, however, very anxious to relieve Ms. Black of the food samples.

Fortunately, Ms. Black, not not allow Defendants to take away all the tainted pet food, and thereafter sought professional laboratory testing of the food. After considerable efforts, a qualified laboratory from Texas A&M University tested an unopened can of the suspect Party Animal food. The tested food contained the euthanasia drug, Pentobarbital.

Having confirmed that Party Animal’s “organic food” actually contained a drug that is specifically used to kill animals, Ms. Black set about to determine if the pet food she purchased contained any of the other promised healthy and fresh ingredients. Further testing showed that Party Animal “Cocolicious” dog foods did not contain coconut or coconut compounds as advertised. In summary, it appears that Party Animal and Evanger are preying on unsuspecting animal lovers by falsely advertising its food as organic, wholesome, fresh and as containing other healthy and natural ingredients, when in fact, the only thing different about the food is the label and its marketing scheme.

For consumers or retailers that wish to join the lawsuit – contact information for the law firm is:

Jane M. Braugh or Roger S. Braugh, Jr.
SICO HOELSCHER HARRIS & BRAUGH LLP
225 S. Lake Avenue, Suite 300
Pasadena, CA 91101
Toll Free Phone: (888) 354-9791

To read the full complaint, Click Here.

Wishing you and your pet(s) the best,

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

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