Weekly Update on the Pet Food Recall—7/9/2007

There’s still no news from the FDA or the USDA on the actual cause of the deaths of cats and dogs who consumed foods earlier this year that were produced by Menu Foods and other manufacturers and sold under a variety of brand names including some of the best-known brands in the country. By the FDA’s own reckoning they received more consumer calls on this recall than on any in the agencies history. They don’t know what did cause the deaths but they’re sure it’s not melamine, however contaminated the recalled foods might have been with that substance. IMO the FDA couldn’t have diminished public confidence in the government if they’d deliberately set out to do so than by its handling of this matter.

It remains unclear to me how one can be confident that we’re being protected against something thas has unquestionably caused pet deaths and injuries numbering as high as the tens of thousands if we don’t know what the heck to protect against. Nor do I see why we need a huge federal agency to tell us that everythings’s okay—after all, we have the Chinese government to do that for us.

In the wake of the pet food recall New Jersey may join Tennessee and Illinois in extending to pet owners the right to sue for more than strict property damage over the deaths of their pets:

Trenton, NJ: In the aftermath of the huge Menu Foods pet food recall this past spring, the New Jersey state legislature is considering joining two other states – Illinois and Tennessee – in granting pet owners the right to sue for loss of companionship and reasons other than economic loss – and to claim damages up to a specific cap.

The legislation differs from current civil law statutes, which limit pet owners to the right to litigate for economic damages only.

Neil Cohen, the Assembly Deputy Speaker, introduced the Bill in the New Jersey State assembly after finding several brands of the recalled pet food still on store shelves in New Jersey.

About 100 brands of pet food manufactured by Menu Foods of Canada were ordered recalled back in March after the food was found to be contaminated with melamine, an industrial binding agent that’s toxic to animals and can result in kidney failure. Scores of treasured pets were sickened, and many died after eating contaminated pet food.

Under U.S. law, pets are classified as property, and while there are provisions for criminal charges if a pet is abused, current civil law only allows pet owners the right to sue for economic damages if a pet is harmed, or dies.

The new legislation, if enacted in New Jersey as it has in Tennessee and Illinois, would grant plaintiffs the right to sue pet food manufacturers, producers or distributors of adulterated pet foods, or any other person or persons who might have contributed to the contamination that may have caused, or led to a pet’s illness or death.

The proposed Bill would also clear the way for compensation over loss of companionship, costs of veterinary care, training, and any other unique value the pet may have had. A show dog, for example.

A cap of $15,000 would be placed on total damages payable.

That’s an unrealistically low cap on total damages if it’s intended to be inclusive of everything under every circumstance. The investment in a show dog can easily be in the tens of thousands of dollars. The cost of training a service dog is typically in excess of $20,000. A serious therapy dog program can cost many thousands of dollars per dog as well. It’s a start.

1 comment… add one
  • Mary Janelle Link

    I’m glad you keep posting these 😉

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