$5 Million Lawsuit Filed Against Nestlé Unit Over Dog Death

CHICAGOA $5 million class-action lawsuit was filed April 18 against Nestlé Purina Petcare Co. by an Illinois man who claims his 9-year-old Pomeranian dog became sick and died from kidney failure three days after eating Waggin Train Yam Good chicken-wrapped treats. Walmart, where the dog treats were sold, also is named in the complaint.

The seven-count lawsuit, filed in the U.S. District Court, Northern District of Illinois, claims breach of warranty, unjust enrichment, negligence. product liability and failure to warn. The suit claims the class of potential defendants is at least 100 consumers nationwide, and that the potential amount of damages exceeds $5 million.

Last year, the U.S. Food and Drug Administration (FDA) issued a cautionary warning to consumers about a potential association between dog illnesses and chicken jerky-based products imported from China. None of the products were recalled, and no specific brands were mentioned in the FDA warning.

As reported by Bloomberg, plaintiff Dennis Adkins said Waggin Train has spent millions of dollars in promoting trust and confidence among consumers in its pet food products. The product was not wholesome, was not nutritious and was unhealthy." Adkins said he didn't give the dog more than the recommended one treat per day, and his other dog did not eat the treats and didn't get sick.