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Wal-Mart included in pet food recall lawsuit

The pet food recall is still at the top of the consumer radar these days, and we've been waiting for the lawsuits to begin. One of the first efforts is now underway, as a man whose dog passed away from kidney failure has filed suit against Wal-Mart Stores (NYSE: WMT), Menu Foods (an ingredient supplier blamed for the recall) and Del Monte.

This was to be expected, but I am surprised that Wal-Mart was included in the suit. Being a distributor of products, in most cases, should absolve one of liability unless the product is not removed from shelves after notification from vendors and suppliers. Perhaps this was the case with Wal-Mart. If so, the retailer deserves to be included here.

The same argument could be made for Google Inc. (NASDAQ: GOOG), which is sued routinely for making certain information available through its search engine. Apparently, being a "distributor" of information means legal liability, which is nonsense. This kind of thinking moves the responsibility from the creator of a service or product into the realm of the middleman. Is this right? Well, it can be -- it's all in the details of each case. In the Wal-Mart case, the charges include language like "failed to prevent the distribution of tainted pet foods after the discovery of contaminated wheat gluten in their ingredients." If true, then Wal-Mart's inclusion makes sense.

Will Alpo, Friskies and Purina be recalled too?

I was once a retailer of moderate to high-end pet foods. I sold many fine brands including Nutro Natural, Iams, Eukanuba and Hills Science diet. If you were looking for a bit better nutrition than the average grocery store brands for your dog or cat, I was the guy in Price County who had the goods.


So you can just imagine the level of interest I now have in the far reaching pet food recall announcements which have surfaced in the news. I quickly decided that I needed to do some intensive research in an attempt to get the best information I could. Here's how I searched and what I found.

My first stop is always at The U.S. Consumer Product Safety Commission. This site revealed nothing about pet food recalls but you may appreciate the link anyway.

My second stop was at the ASPCA website . That's where I hit pay-dirt. It has specific section dedicated to the current pet food recall. At this time it indicates that the specific brands affected are: Menu Foods (list attached), Del Monte Pet Products (list attached), Purina (Alpo Primecuts in Gravy only) and Hill's Pet Nutrition, Inc. Prescription Diet m/d Feline Dry Food Only. Please do not accept this as a complete list. These are only the names provided on the ASPCA website. Consumers are warned to be wary of any pet foods containing wheat gluten.

Reuters news service reported that the FDA has issued orders to halt all imports of wheat gluten originating from Xuzhou Anying Biologic Technology Development Company Ltd. Apparently it has been determined that the food contaminants could be traced back to that company. I was unfortunately unable to confirm that information at the FDA website.

I also found a wealth of information, links, comments and suggestions at the Pet Connection Blog. They are a very active group of animal fanciers who are closely following this situation.

Please Note:

It is upsetting to any pet's digestion to quickly change its diet. If you are required to immediately discontinue feeding your pet the product(s) it is used to, please contact your veterinarian for some simple things you can do to ease the upset to your animal. As always, your regular pet care professional should be immediately consulted regarding any noticeable changes in your pet's health or eating habits.

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Last updated: November 27, 2009: 06:40 AM

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