Class action complaint filed against Nestle-Purina & Walmart over deadly Waggin’ Train Dog Treats

Cleopatra v. Purina

A class action lawsuit was filed today against Nestle-Purina maker of Waggin’ Train dog treats by a pet parent who says the treats killed his Pomeranian dog, Cleopatra. Cleopatra became sick only three days after being fed the treats and she died 11 days later of kidney failure.

Dennis Adkins filed the lawsuit in U.S. District Court in Illinois against the Waggin’ Train brand – a subsidiary of Nestle-Purina – and Wal-Mart where he bought the treats.

He says he began giving his 9-year-old Pomeranian, Cleopatra, Yam Good treats a few weeks ago. The treats are made from yams wrapped in chicken jerky, and are manufactured in China, the lawsuit said.

A report from WLS Chicago explains:

Dog owner files class-action suit claiming treats killed pup

April 19, 2012

CHICAGO (WLS) – An Illinois dog owner who claims tainted treats killed his Pomeranian filed a $5 million class-action lawsuit Wednesday against pet food maker Nestle Purina.

Dennis Adkins filed the suit in federal court against the Waggin’ Train brand, its parent company Nestle Purina and Walmart, where he bought the treats this March.

Adkins claims he bought the “Yam Good” dog treats — made of yams wrapped in chicken jerky, and made in China — because the package boasted they were “just wholesome goodness” and “what nature intended.”

But after three days of feeding them to his 9-year-old Pomeranian Cleopatra the dog became sick, the suit said. It died of kidney failure 11 days later, on March 26.

Adkins claims he didn’t give the dog more than the recommended one treat per day, and that his other dog, 9-year-old Pharaoh, didn’t eat the treats and didn’t get sick.

Last November, the Food and Drug Administration warned that some pet owners and veterinarians reported dogs who ate chicken jerky treats made in China became ill, some with kidney failure, and that some died. None of the products were recalled, and no specific brands were mentioned in the FDA warning.

Keith Schopp, a spokesman for Nestle Purina and Waggin’ Train, says the Waggin’ Train products are safe to feed as directed. He declined to comment on the pending litigation.

A Walmart spokesman was not available to comment on the suit Wednesday night.

The seven-count suit 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 nation-wide, and that the potential amount of damages exceeds $5 million.