Consumers may now submit claims in the proposed settlement for damages from Nestlé Purina PetCare Company, maker of dog treats blamed in the illness and death of thousands of dogs. Consumers may receive payment for damages related to their purchase of Nestlé Purina brand Waggin’ Train or Canyon Creek Ranch brand jerky or other dog treat products sold in the United States.

The settlement was reached in class action lawsuits claiming that Nestlé Purina Waggin’ Train or Canyon Creek Ranch brand dog treat products imported from imported from China were “defective” and that some pets may have become sick and/or died after consuming the products. A complete list of the dog treat products covered in the settlement can be found on the Dog Treat Product Settlement website.

Consumers wishing to obtain reimbursement for their purchase of the dog treat products can obtain a refund and may also be provided reimbursement for the injury, death or veterinary expenses associated with their pet’s consumption of the Nestlé Purina dog treat products. Consumers who wish to receive benefits under the proposed settlement must submit a claim form before April 1, 2015.

How do I know if I’m included in the settlement?

You are a member of the settlement class if you purchased or obtained, or your pets used or consumed Waggin’ Train or Canyon Creek Ranch brand dog treat product(s) imported from China or containing any ingredient imported from China.

You need not do anything to become part of the class, but you must complete the claim form in order to be eligible to receive any compensation from the settlement.

Are there any limits on the amount I can recover?

Although the settlement fund is $6.5 million, up to 33% will go to attorneys’ fees and expenses not to exceed $100,000. In addition, each of the class representatives will award them up to $5,000 each.

The total amount of money available from the settlement fund to reimburse pet owners for veterinary treatment and testing, in cases where the pet did not become ill or die, is limited to a total of $100,000. However, if this limit is reached, the part of your claim for testing your healthy pet will be pro-rated based on the ratio of the amount of your claim to the total amount of all the approved claims for veterinary treatment and testing.

The total amount of money available from the settlement fund for reimbursement of purchases of dog treat products is limited to a total of $700,000. If this limit is reached, the part of your claim for reimbursement of the product purchases will be pro-rated based on the ratio of the amount of your approved claim to the total amount of all the approved claims for reimbursement.

If the total value of claims for all other economic damages – separate and apart from healthy pet screening claims and dog treat product purchase claims – exceeds the total settlement fund amount available, the part of your claim for other economic damages will be pro-rated based on the ratio of the amount of your approved claim to the total amount of all the approved claims for these other economic damages.

Any pro rata reductions will be applied first to claims made by settlement class members without supporting documentation before any pro rata reduction is made to claims made by settlement class members that do submit supporting documentation. Claims for economic damages that are not supported with documentation are limited to a maximum of $300 per pet.

What are economic damages?

Economic damage means the expenses consumers incurred related to their purchase or their pet’s consumption of the dog treat products, include veterinary screening or treatment costs, death-related expenses, reimbursement for the cost or “fair market value” of the deceased pet, and the cost of the dog treat products.

How do I submit a claim?

You must fill out and sign the claim form and submit it to the claims  administrator, postmarked, faxed or emailed (in a .pdf format) on or before April 1, 2015, at the following address:

Dog Treat Products Settlement Claims Administrator
PO Box 4178
Portland, OR 97208-4178
Phone Number: (866) 329-9963
Fax Number: (844) 892-7212
Email Address: info@DogTreatProductsSettlement.com

As part of your claim, you should provide as much documentation as you can relating to your economic damages, which means expenses. All information provided will be treated as confidential and will be used only for the purpose of reviewing and administering your claim.

The following are examples of documentation you might have for different types of economic damage. You may have different types of documentation from those mentioned. You should submit whatever you have.

• Documentation of dog treat product purchases may include receipts, cancelled checks, credit card statements, copies of the product labels from the products, other records from the place of purchase, or any other records that could demonstrate you purchased the food and how much you paid.
• Documentation of veterinary expenses may include veterinarian bills, veterinarian records, cancelled checks, receipts, credit card receipts or statements, or a statement from your veterinarian.
• Death-related expenses may include the costs of euthanasia or putting your pet to sleep, necropsy or pet autopsy, cremation, burial, or other services. Documentation of these expenses may include veterinarian bills, veterinarian records, pet cemetery records, cancelled checks, receipts, credit card receipts or statements, or a statement from your veterinarian.
• You may also be eligible to receive reimbursement for the loss of your pet, either the “fair cost or fair market value” of the deceased pet. Documentation of these expenses may include a bill, a receipt, credit card statement, cancelled check, AKC or CKC registration, third-party appraisal, or other documentation of the “cost or fair market value” of the pet.

What are my rights and options under the settlement?

• You can submit a claim
  The only way to get a payment. Submit your claim form by mail, facsimile or email (in a .pdf format) to the claims administrator no later than April 1, 2015.
• You can exclude yourself
  Get no payment. This is the only option that allows you to not be bound by the final judgment and release and to be part of any other lawsuit concerning the issues being settled now. You must exclude yourself from the settlement class by no later than February 10, 2015.
• You can comment on the proposed settlement
  Write to the court about why you support or oppose the proposed settlement. If you want to object to the settlement, you must do so in writing by May 25, 2015. Filing an objection does not exclude you from the settlement.
  
  You can go to the final approval hearing
  Ask to speak to the court about the proposed settlement at the final approval hearing, scheduled for June 23, 2015 (date subject to change).
• You can opt to do nothing
  Get no payment. You will not be able to bring or be part of any other lawsuit concerning the issues being settled now, and you will be bound by the final judgment and release in this case.

What if I think the settlement sucks?

If you have comments about, or disagree with, any aspect of the proposed settlement, you may express your views to the court in writing. The written response should include your name, address, telephone number, and a brief explanation of your comment or reason for objection on or before May 25, 2015. Details on how to do so are on the settlement’s website here.

When will the court decide whether to grant final approval of the proposed settlement?

Believe it or not, the settlement isn’t actually settled. That is, until the U.S. District Court holds a final approval hearing on June 23, 2015 at 10 a.m. (subject to change) to consider whether the proposed settlement is fair, reasonable, and adequate. At the final approval hearing, the court will decide whether to approve the proposed settlement and the request for attorneys’ fees and expenses. If comments or objections have been timely received, the court will consider them at this time.

I’m overwhelmed – I need help and I need it now!

If you have any questions about the lawsuit or the notice, you may:

• Contact Co-Lead Class Counsel at:
  Stuart A. Davidson
  Robbins Geller Rudman & Dowd LLP
  120 E. Palmetto Park Road, Suite 500
  Boca Raton, FL 33432
  Email: sdavidson@rgrdlaw.com
  Tel: (561) 750-3000
• Call the Claims Administrator toll free 1-866-329-9963
• Write the Claims Administrator at:
  Dog Treat Products Settlement Claims Administrator
  PO Box 4178
  Portland, OR 97208-4178
• Fax the Claims Administrator at:
  1-844-892-7212

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