Nestle Purina pulls compensation offers off the table in Waggin’ Train deaths

Nestle-Purina, still under federal Food and Drug Administration (FDA) scrutiny for selling a product possibly connected with the illness and death of  hundreds, perhaps thousands, of dogs tells pet parents to go f*** themselves. Nestle-Purina, the importer of the suspect Waggin’ Train jerky treats from China associated with the unexplained illness and death of dogs,  yanked all talks of offers of compensation off the table.

Why?

Purina’s insurance company, Sedgwick Claims Management Services, Inc., explained to a distressed pet parent/victim who contacted me that because the FDA found nothing wrong with the product, Nestle Purina would not be liable financially or otherwise.

After using a few choice swear words, I calmed down long enough to remind pet parents/victims of Waggin’ Train jerky treats of a few facts that Nestle Purina is hoping customers/victims may not be aware of:

No. 1

Because the FDA tests have been inconclusive thus far, does not mean the product is free from a contaminate. It simply means the FDA has been unable to determine the specific toxicant that is causing the illness and death of dogs that were given the treats – yet. Let me repeat: Because a toxin is not found –  does not mean one does not exist. In other words, I wouldn’t let Nestle Purina off the hook.

No. 2

I don’t know where Sedgwick CMS gets off telling folk that the FDA has only been testing Waggin’ Train for the past “two months.” We know that the FDA has had chicken jerky treats on their radar since, at least, 2007 when the FDA published the first warning notice.

How do we know Waggin’ Train was among the brands under the FDA’s microscope?

We don’t really. Although, we can safely assume that since Waggin’ Train is the number one selling treat in the US and it’s from China there is no reason why it would not have been on the FDA’s list.

No. 3

Anyone who has sent a sample of the treat to the FDA (and I sure hope you all have) should know that until the FDA finds the conclusive reason for the illness and death these products are causing in dogs, it is still “on the table.” Until such time, Nestle Purina and the others cannot withdraw offers of compensation because nothing is conclusive – yet. The cases are still open – they are still “on the table,” in the game, or whatever term they want to use, until such time the issue is resolved by the FDA.

No. 4

Until the contaminate is found, a causal relationship between the treat and your pets illness or death cannot be established with certainty. Until such time, pet parents only have suspicions, their veterinarian’s opinion, and their dog’s medical records, which may or may not be enough to win a claim at this point.

However, it seems reasonable, that, until it is established what the contaminate is, the victims and Nestle Purina have no conclusive proof to prove or disprove a claim.

It also does not mean victims should abandon their claims. Victims should not accept being swept “off the table” when, at this point, no manufacturer including Nestle Purina, is free from suspicion until the contaminate is found.

Until then, no one knows what the contaminate is – including the insurance company for Nestle Purina. Furthermore, for Sedgwick to suggest they know something the FDA and all their scientists don’t know, is utterly absurd.

No. 5

If Nestle Purina’s products are free from every single known contaminate, as they claim, pet parents should ask them for proof. Demand to see their lab results.

If they try to give you the “that’s proprietary information” runaround; tell them you will have your lawyer subpoena the information. If, as they claim, their product is exempt from any liability and free of any contaminates, then the burden of providing proof of such a claim is theirs to make, not simply yours to believe.

No. 6

The disparity between what Sedgwick claims and what the FDA is telling consumers about the treats is worth emphasizing:

FDA, in addition to several animal health diagnostic laboratories in the U.S., is working to determine why these products are associated with illness in dogs. FDA’s Veterinary Laboratory Response Network (VLRN) is now available to support these animal health diagnostic laboratories. To date, scientists have not been able to determine a definitive cause for the reported illnesses. FDA continues extensive chemical and microbial testing but has not identified a contaminant.

For Sedgwick to tell consumers it’s over, is simply not true. This is so not over. The FDA will continue to test the treats until such time a reason is found for the dog illnesses and deaths.

Important note: If you think that your dog may be ill because of eating chicken jerky, take your dog to the vet and it is very important that you and your vet report this to the FDA: How to Report a Pet Food Complaint

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Mollie Morrissette

Mollie Morrissette, the author of Poisoned Pets, is an animal food safety expert and consumer advisor. Help support her work by making a donation today.