The Same Crime: one is prosecuted, the others are paid by your tax dollars

Why was one ingredient supplier prosecuted, when FDA and other regulators committing the same crime walk away penalty free?

In a Missouri courtroom last week, a pet food ingredient supplier pleaded guilty to one count of “conspiracy to introduce adulterated and/or misbranded food into interstate commerce“. This plea was finalizing a pet food ingredient fraud issue that began with a lawsuit between Purina and Blue Buffalo in 2014.

The crime that was investigated and charges filed against was a Wilbur-Ellis manager shipped by-product meal labeled as chicken meal to multiple pet food manufacturers over six years. The ingredient was “adulterated” because it was by-product meal “falsely labelled” as chicken meal. This crime was “prosecuted by Special Attorneys to the United States Attorney” and “was investigated by the FBI, U.S. Postal Inspection Service, and the FDA Office of Criminal Investigations.”

Quoting the press release from the Missouri State Attorney’s Office (bold added for emphasis):

“ The manager of a Wilbur-Ellis Company processing facility in Texas pleaded guilty in federal court today to his role in a multi-million dollar conspiracy to sell adulterated ingredients to pet food manufacturers, for which the company has already paid more than $4.5 million in restitution.

U.S. consumers – and especially pet owners – look to the FDA to ensure that their pets’ food is not only safe and wholesome, but is also accurately labelled. When criminals introduce adulterated and falsely labelled pet food into the U.S. marketplace, they put the health of companion animals at risk,” said Special Agent in Charge Charles L. Grinstead, FDA Office of Criminal Investigations Kansas City Field Office. “We will continue to investigate and bring to justice food manufacturers who put profits ahead of the public health.”

Millions of dollars in penalties, years of federal investigations into one company/one individual for conspiracy to introduce adulterated pet food into interstate commerce…when the EXACT SAME crime is committed by FDA, AAFCO and each State Department of Agriculture every single day with no penalty or investigation.

Evidence of the EXACT crime committed

U.S. Federal law defines an adulterated food as (in part): “if it is, in whole or in part, the product of a diseased animal or of an animal which has died otherwise than by slaughter“. Any violation of this law – a pet food or ingredient sourced from a diseased or non-slaughtered animal – would mean the product is adulterated.

FDA: The FDA stated in April 2019 they will continue to allow pet food ingredients to be adulterated stating: “we do not believe that the use of diseased animals or animals that have died otherwise than by slaughter to make animal food poses a safety concern and we intend to exercise enforcement discretion“. This is a direct violation of federal law, FDA openly allowing adulterated and falsely labelled pet food into the U.S. marketplace – the exact same crime as the prosecuted Wilbur-Ellis employee.

Each U.S. State’s Department of Agriculture: Every U.S. State is obliged to enforce the same federal law as quoted above. States also have their own laws (state law) specific to animal food/feed. Quoting Florida Commercial Feed law: “Adulteration. (h) If it is, in whole or in part, the product of a diseased animal or of an animal that has died by a means other than slaughter which is unsafe…” Florida (and every other U.S. State) ignores this law, allowing adulterated and falsely labelled pet food into the U.S. marketplace – the exact same crime as the prosecuted Wilbur-Ellis employee.

AAFCO: Association of American Feed Control Officials is a private organization whose members consist of FDA and State’s Department of Agriculture representatives. AAFCO is provided the responsibility (through an FDA agreement) to write the legal definitions of pet food ingredients. AAFCO’s legal definitions of pet food ingredients DO NOT require them to be legal/unadulterated. Such as the 2015 AAFCO approval of the pet food ingredient poultry/chicken which holds no requirement for the ingredient to be sourced from an inspected and passed chicken (as law requires – legally unadulterated chicken). No AAFCO pet food ingredient definition has a requirement to be legally unadulterated, allowing illegal and falsely labelled pet food into the U.S. marketplace – the exact same crime as the prosecuted Wilbur-Ellis employee.

The pet food ingredient supplier employee was fully investigated and charged with a federal crime. FDA, each U.S. State’s Department of Agriculture, and the private organization AAFCO has never been investigated or charged with a federal crime even though all three conspire to allow adulterated and falsely labelled pet food into the U.S. marketplace (the exact same crime).

Why?

Wishing you and your pet(s) the best,

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