Dog Treat Class Action Suit Moves to New Jersey Federal Court

By: Chris Placitella @ Apr 08, 2014

A dog treats manufacturer has been accused of making duck jerky products which caused dogs to become very sick or die. The $5 million dollar class action suit against the company has been moved to a New Jersey federal court, according to the filing on March 24.

The suit alleges that the IMS Trading Corp (IMS Pet Industry) committed breaches of warranty, violations of the NJ Consumer Fraud Act and product liability offenses. The suit, which could potentially include thousands of consumers affected over the last six years, accuses the company of falsely advertising their dog treats as healthy.

Lead plaintiff Marie Dopico said that her small dogs almost died after she gave them Cadet duck jerky treats she had gotten from a supermarket in NJ. According to her, she had to pay veterinarian bills out of pocket in order to save her dogs’ lives.

The proposed action includes multiple manufacturers and sellers of the product, and it claims that multiple NJ and national consumers were affected by the neglect and misrepresentation of IMS. According to the FDA, more than 3,600 dogs in the U.S. have become ill as a result of eating the duck jerky imported from China, which prompted the agency to issue a warning in 2011.

The suit seeks compensatory damages, punitive damages, lawyer fees and litigation expenses and costs, according to the filing. It also accuses the company of hiding the FDA warnings in order to maintain and increase sales.

In addition, Walmart and Costco have been accused of distributing the allegedly toxic product, and may face legal ramifications should a suit be pursued.

At Cohen Placitella and Roth, our attorneys have carved out a reputation for successfully pursuing and winning class action suits and product liability suits for their clients. Contact us today for a free consultation, or call 1-215-567-3500.

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