Last year the FDA issued a Warning Letter to Evangers Pet Food, no close out of this investigation has been issued (the FDA is still investigating). Now I’ve been made aware of another concern for this pet food manufacturer; a judgment that appears to have cost them significant fines.
Source for the following, an Appellate Court Decision, Circuit Court of Cook County, dated November 28, 2012: http://www.state.il.us/court/R23_Orders/AppellateCourt/2012/1stDistrict/1113100_R23.pdf
The Village of Wheeling, an Illinois municipal Corporation, Plantiff-Appellee, v. Evanger’s Dog and Cat Food Co., Inc., an Illinois corporation, Defendant Appellant.
Paragraph 5: “Throughout the summer of 2006, the Village received numerous odor complaints emanating from Evanger’s production of dog and cat food. As set forth in our prior opinion, the Village issued citations to Evanger’s on August 24, 2006, for violating several ordinances. The citations alleged: failure to provide tight-fitting garbage can lids – containers of food waste not covered with tight-fitting lids; failure to provide approved containers – food waste held in unapproved containers; failure to remove refuse – accumulation of refuse stored on exterior property; and failure to abate stagnant water – accumulated stagnant water on exterior property.”
Paragraph 10: “Jeff Wolfgram, a water operator with the Village, testified about an incident that occurred on the evening of July 3, 2008, involving Evanger’s. That night, he received a call about a liquid with a bad odor leaking onto the road. The liquid had a sewer or dead animal smell to it. He traced the liquid back to Evanger’s. At Evanger’s, he noticed a lot of liquid on the ground as well as several pieces of chicken. Wolfgram also saw a red liquid that looked like blood being drained into the storm sewer from a semi-trailer. Towards the back of the property, there were pumps that were discharging a greasy liquid that smelled like the liquid on the road. He also noticed that the grease interceptors that help filter the waste from the manufacturing process were full and needed to be cleaned. He further noticed that many of the storage totes that were used for storing raw materials or trash did not have lids.”
Paragraph 11: “Beverly Slaby, a health officer for the Village, testified that she became involved in the Evanger’s case in June 2006. The Village had received complaints about Evanger’s, so Slaby first went to Evanger’s in September 2006. She observed open containers of chicken, flies, maggots, refuse and unsanitary conditions on the property. When she inspected the grease interceptors, they were heavily full of grease and there were maggots inside. Slaby also noticed a strong rotting meat smell. In 2008, she continued to receive complaints about the smell. There was also a complaint from the asphalt company next door that water and grease were leaking onto its property. On numerous occasions during the summer of 2008, Slaby went to Evanger’s and observed open containers of food and the same rotting meat smell. She saw plastic crates without tight fitting lids and flies and maggots around the crates. There were maggots in the grease interceptors, which meant that they were not well maintained. She further stated that the last time she went to property on Nov. 7, 2008, there were a few bins of chicken that were left open.”
Paragraph 12: “Joel Sher, the vice-president of Evanger’s, explained that on the night of July 3, 2008, Evanger’s sewer backed up, which was responsible for the liquid being discharged onto the road. He stated that the pumps were not discharging the liquid onto the road, rather, they were pumping it into an empty grease interceptor. The liquid on the road was caused by the sewer backup, which he believed was caused by a large rock from the asphalt company next door. Sher further explained that the air conditioning unit on one of the trailers had failed, due to the heavy dust coming from next door, which is why there was liquid dripping from the trailer. Sher also claimed that the grease interceptors were well maintained and were cleaned out weekly. He denied that any raw material had been left in bins or totes outside and added that they all have tight fitting lids.”
Paragraph 21: “We find that Fried’s affidavit complied with Rule 191. Freid stated that she personally performed numerous inspections at Evanger’s and detailed her observations on specific dates. For example, she noted that on March 5, 2007, she observed: debris and junk stored in the rear of the property; rusted and unused equipment in the rear of the property stored dangerously high, unused equipment and debris in the rear of property; pallets piled up in the rear of property; rusted trailers with debris inside and stored underneath; rusted trailers being used for storage; piping and conduit laying against a shed; rusted equipment and plastic totes for chicken product stored in the rear of the property; storage inside the trailers; wildlife tracks in and around trailers – possible wildlife harborage under and in damaged trailers; and, rusted trailers used for storage. Further, on June 21, 2007, she observed: “thousands” of maggots on rotten decaying animal parts; flies all over the property and open and exposed rotting animal parts; flies and maggots over unknown rotting substances. She also referenced the attached pictures in her affidavit. We find that the affidavit complies with Rule 191 because Fried’s observations consist of specific facts rather than conclusions, which were based on her personal knowledge. Although it appears from the trial court’s comments that the court did not consider the affidavit, we find it proper.”
Paragraph 36: “Evanger’s next contends that the trial court erred in refusing to return Evanger’s funds. After the hearing on the Village’s petition to revoke the order of supervision, the trial court imposed a fine on Evanger’s of $168,000. Subsequently, the Village obtained $168,000, in funds from Evanger’s bank accounts in satisfaction of the judgment. After we reversed and vacated the trial court’s orders imposing and revoking supervision, the Village successfully moved to have the money deposited with the Clerk of the Circuit Court. Evanger’s argues that this was error and Evanger’s was “deprived of its property without due process.” However, Evanger’s fails to argue how the court’s order lacked due process. In sum, we conclude that the proceedings did not deprive Evanger’s of its due process rights.”
Paragraph 37: “Accordingly, the judgment of the circuit court is affirmed.”
The above Paragraph 37 means the judgment of the lower court was upheld.
As for Evanger’s pet food problems of last year, approximately 1 month ago Laura Alvey of FDA told me the FDA is still investigating and can make no further comment on the Warning Letter issued May 5, 2011.
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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Bon
December 5, 2012 at 12:56 pm
Every day..more and more depressing and upsetting news on trusted pet food companies!
Rita
December 5, 2012 at 1:29 pm
This is no surprise coming from Evangers. They have proved themselves unethical again and again.
Is it true that By Nature uses Evangers for producing their food? I seem to recall reading that somewhere.
Dalmom
December 5, 2012 at 1:52 pm
Wow…and here I thought that they were a safe, premier pet food. I was feeding it to my cat…its one of the few canned foods that she likes.
Janna Smith
December 5, 2012 at 2:26 pm
I have been feeding this food, for about 9 months…this is the first I heard of any trouble….sad…
jen
December 5, 2012 at 2:56 pm
Which companies use Evanger’s? I think I fed my dog this a few times, but he wasn’t very interested. I’ve been leaning toward making my petfood at home w meat from the meat dept for a while now. But I’m vegan and don’t know anything about meat, like how to tell when it’s going bad or how to cook it. And please do not tell me ‘ it smells when it goes bad’. It smells awful to me anyways. Smells like fear, suffering and brutal death. Geez I wonder why.
Happy to Hear
January 3, 2017 at 10:33 pm
I commend you for feeding your animal meat despite your own vegan lifestyle. There are tons of stories of irresponsible vegans substituting inappropriate vegan recipes for their animal’s diet
Ken Kalligher
December 5, 2012 at 3:16 pm
I currently use Evanger’s, but as of today I am discontinuing use of their products. They have far too many problems including the lawsuit currently against them by the water and gas company for stealing utilities. One problem maybe, but there is a pattern of abuse on every level by Evanger’s and my trust is just flat-out gone.
I find that the FDA is probably the least trustworthy federal regulatory agency right up there with the Bureau of Land Management and other federal agencies. It is untenable for the FDA to be stating that they are still investigating after almost 2 years. This is just plain crazy, what the hell does still investigating mean, “We are waiting to see if anybody notices?’ These companies and the agencies and associations regulating them are so corrupt and anemic in their regulatory enforcement that these things will continue to happen over and over again. Without the integrity of the people actually manufacturing these products there is little hope that a purchased product will live up to our expectations or their stated benefit. Shameful, disappointing and criminal to say the least. Where is honor and pride?
Bon
December 5, 2012 at 5:14 pm
I have 6 cans of lamb in my cupboard for my allergic MiniPoodle- she can’t eat chicken-at all–darn!!
Ken Kalligher
December 5, 2012 at 6:47 pm
Based on all the FDA findings and the overall performance of Evanger’s management the lamb you have may be chicken; I mean these are people who have no regard for either their employees or the public, let alone animals. The laundry list of troubles is horrific. EVO, Merrick BG, Wellness, Hound & Gatos to name a few all have 95-98% single source protein canned foods which, at this point, seem to be a good alternative particularly in this crazy manufacturing cycle we seem to be in. There are great foods, but you have to dig.
Sarah
December 10, 2012 at 7:59 am
Try ziwi peak; not sure about the dog formulas but I feed my cats rabbit, lamb, & venison/fish
Kelley
January 6, 2013 at 11:15 pm
I have a miniature poodle who’s always been allergic to chicken. One piece would make him throw up within 20 minutes. Actually it’s a specific chronic issue that has to do with the chemical properties of chicken itself. But I also found Lamb was very hard for him to digest and began to create hot spots which he would bite at on his side. Lamb is a “hot” meat, but beef is not. For best results I urge you to try raw beef or minimally processed whole food. For example stew meat can be baked(leaving behind excess fat) and you can be assured of your Poodle getting pure unadulterated protein. And never have to worry about commercial pet food again. Add veggies, sweet potato or cooked oatmeal. And you will see your “allergic” Poodle react in a very positive way! Hope this helps. I used to be an Evanger’s customer and am so disgusted with their issues and problems, they no longer deserve the trust people give them.
Barbara
December 5, 2012 at 3:48 pm
Back in Feb 2012, I think, a woman in Canada found metal tags in her Chicken Drumette dinner dog food produced in 2009. They are the kind that are on chicken wings. She took photos as well. (on itchmoforums) Evangers said that it couldn’t have happened in 2012, because now they have installed metal detectors. Well, that’s comforting. Dogs have the tendency to wolf down their food, so it could be a serious health problem.
Peg Hecker
December 6, 2012 at 12:29 am
If I’m not mistaken, Hound & Gatos is also canned by Evangers.
Ken Kalligher
December 6, 2012 at 10:05 am
No, Hound & Gatos is made by Performance Pet Products in Mitchell, South Dakota. PPP also has their own brand of high-end products, but H&G is 98% single source protein containing all USA Human grade quality foods. This is truly a high end company and the story is amazing given the position of most of the large manufacturers’. I starting using this several months ago and have been delighted by the results.
Alissa Wolf
December 6, 2012 at 12:38 pm
I reviewed Hound & Gatos for my pet industry website: http://petshops.about.com/. It is not made by Evanger’s, and it’s a very good pet food. If anyone is interested, I can post the link to the review.
Ken Kalligher
December 6, 2012 at 6:24 pm
Yeah, post the link.
Alissa Wolf
December 11, 2012 at 11:09 am
Here you go: http://petshops.about.com/od/petfood/fr/Hound-And-Gatos-Natural-Pet-Food-Review.htm
Jen
December 7, 2012 at 7:58 am
I have been searching for seven years for a cat food that would not give my cat diarrhea. A month ago was the very first time (and every day since) my cat has had regular bowel movements. I have tried numerous brands (including the ones on The List), I’ve had many vet appointments, had been considering raw and/or home cooked meals (with working three jobs, this would’ve been next to impossible), and I’ve spent many years researching it. I’ve learned that my cat is allergic to chicken and duck. I’ve also learned from my research that rabbit is easily digested by cats and tried that approach. I’ve tried all of the rabbit ingredient cat foods (that I know of) and yet, my cat still suffered from explosive diarrhea. I know about the serious health risks associated with chronic diarrhea. I was overcome with joy (calling my friends and family) when my cat had his first well formed bowel movement. The reason I share all of this is because the food that changed my cat’s life is made by Evanger’s. I was concerned by the article and the issues mentioned regarding Evanger’s pet food. So far, I have not read anything about the health conditions inside the food processing plant (only about how Evanger’s stores the waste outside the plant). I love my cat and want the best for him. I’m not willing to remove him from Evanger’s food (allowing the diarrhea to return) unless I feel that the risks outweigh the benefits. I am posting this so I can make an informed decision in the best interest of my cat. Does anyone have any additional information that would help me in making that decision? I want to thank everyone in advance for your help – it is greatly appreciated!
Sarah
December 10, 2012 at 8:04 am
I feed my 2 cats ziwi peak canned; there’s a rabbit one, lamb, & venison & fish. I feel your pain re food: my old kitty had IBD & it got to the point all she would eat was royal canin from the vet:( it was either that or she starved. Try ziwi, good luck:)
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December 11, 2012 at 9:50 am
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Ken Kalligher
December 13, 2012 at 7:11 pm
WHAT?
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Tilfahr
June 25, 2013 at 10:21 am
I find it interesting that so many people get up in arms over “the garbage outside” and apply it to the quality of food made inside. Does that mean that my neighbor, who has old bones and stuff in his garbage can, surrounded by flies, if feeding bad food to his children? Come on people! Garbage is garbage! Have you ever tried to make a container outside raccoon or dog proof? Have you never forgotten to put the lid on the trash? Have you never had, or known a friend/neighbor who had their septic back up? This is all everyday stuff that can happen and gets dealt with. Did it not occur to you that the FDA is “still investigating” because they haven’t found anything? Or because the FDA is practically run by the big corporations who would love to bring down a family-owned company and reduce their competition?
Chris
October 10, 2013 at 9:43 am
The FDA issued a close-out letter stating compliance with the directives of the 2011 letter: http://www.fda.gov/ICECI/EnforcementActions/WarningLetters/2013/ucm341970.htm
However, ALL of Evanger’s canned cat food is now “out of stock” on the Petfood Direct website, so one wonders if the “compliance” has to do with simply removing all the food that was/could be in violation? Are they shutting down?
Anonymous
January 12, 2014 at 12:28 pm
I was at Evanger’s the other day performing work related business. I saw many disturbing things; the place looks like a dungeon inside. Outside and in looks worse than some third-world countries I’ve seen. But the most disturbing thing I saw pertaining to safe manufacture of pet food products were birds flying into the building from the ‘receiving’ dock and nesting in the rafters of the building. There also exists a culture of not caring among the employees. For example, I was told by a truck driver that it took three employees four hours to load his truck with eight skids of dog food, and in the middle of the job they stopped and took an hour lunch. Then, after getting the last skid on the truck it took the same three guys a half hour to get the paper work ready. They kept going over it line by line, one with a calculator in his hands, the other going back and forth between receipts, and a third standing in between the other two just ‘supervising’. I can’t even think of adequate words to describe how horrible a place it is.
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Ed Klein
May 9, 2016 at 3:10 am
I am having trouble with Hello I’m a Party Animal soft cat food and Evanger’s cat food. After many conversations with these people in Indiana regarding the Hello, I’m A Party Animal Cat food, they admitted that they also make Evanger’s cat food (the Turkey one). Don’t know why this was such a secret. I called them about 4 times to find out why my cat loved their soft Duck food one day and hated it the next (which is under the name Hello, I’m A Party Animal). They said that they would send me a case of the new food, but 4 months have gone by and still no food. I called them about the Hello I’m a Party Animal Duck cat food. That was the only cat food that she would eat and the Holistic doctor said she should definitely eat wet cat food. They changed the metal top of the can from gold inside to dark gray. I tested my cat numerous times because I had kept many cans of the Duck food she did eat. Don’t know what is going on but I do know that she will only eat the one with the gold inside top of the can. I told them that there may be some contaminates in the new cans, and they said they have no control over what the people who make these cans use to make them with. My cat started eating Evanger’s Turkey, and I was so happy. Then all of a sudden when I opened one of the cans, it had a bunch of water with a very red color meet in the can. The meet has totally changed and there is so much slimy liquid in the can which seems to be there just to take up room. My cat will not touch the new redish slimy food. I am so mad that they changed the recipe in the can. I am thinking that they somehow cheapened the food. My cat acts as if it is poison. I am still looking for a soft food my cat will eat. I have spent hundreds of dollars looking for a soft cat food she will like. I may go to making my own. I do not trust any of the companies that make cat food or dog food for that matter. Crap, companies could care less about our food. The republicans are trying to make sure that companies do not have to label our food in detail. So so sad. Don’t know what is happening in this world today. I think I will start making my cats food, but I am not sure how to do about it. Anyone have any suggestions?
Kenneth Kalligher
May 9, 2016 at 12:26 pm
Ed, make your own. It is not that difficult, it can seem like a big task, but like anything once you get into the routine you will wonder what took you so long to get this on. You simply cannot trust the pet food companies, large or small, they are all businesses and they will find ways to cut corners to maintain profit. Period. There are many very good resources for either raw or cooked balanced diets. What can it hurt? Do your research and then join the home prepared community. By the way, buying groceries in your market to make the dog food out of human food has the additional benefit of no tax.
Susan Thixton
May 9, 2016 at 12:46 pm
The sales tax is an excellent point Ken! I might have to borrow that for a future post.
Kenneth Kalligher
May 9, 2016 at 4:18 pm
Hi Susan, while quiet, I keep track of your amazing successes and kudos to you and your dogged determination. The sales tax issue is no small matter, particularly if you have multiple animals, as have I; make it an addition to your reasons for self-prepared.
Best wishes and kind regards, keep the faith!
Debbie Phillips-Csuy
January 8, 2017 at 3:29 pm
The difference in the cans is that Evangers produce the silver colored can and the gold can is produced by another cannery with a human food production license. Not sure where you are coming up with Republicans having a say in the label as they do not. That falls under FDA and AAFCO regulations. If you want the best canned food for your pet its best to choose one produced in a human cannery which I feed only.
Luis Diaz
September 22, 2016 at 8:05 pm
http://articles.chicagotribune.com/2013-02-09/news/chi-man-accused-of-trying-to-bribe-witness-20130209_1_bribe-witness-power-lines-gas-flow