TORONTO - A national class-action lawsuit was launched Thursday in an Ontario court on behalf of pet owners who purchased certain types of Menu Foods dog and cat food, recently pulled from store shelves following the reported deaths of 14 pets in the United States.
Last Friday's recall, one of the largest consumer-product recalls in North American history, affects about 60 million cans and pouches of pet food, sold under 91 brand names such as Iams and through retailers including Safeway, Wal-Mart and PetSmart.
The claim is seeking compensation for anyone who purchased dog or cat food manufactured by Menu Foods between Dec. 3, 2006, and March 6 at the company's plant in Emporia, Kan.
The notice of action, issued in Ontario Superior Court, alleges that Menu Foods failed to implement quality assurance procedures and adequately test the food before introducing it into the Canadian market.
In an interview Wednesday with The Canadian Press, Menu Foods CEO Paul Henderson said initial reports of illnesses and deaths due to kidney failure came in late February through toll-free customer lines.
Henderson said it was only later during routine taste tests this month that Menu Foods was notified that some of the animals had become sick from the "cuts-and-gravy'' style food, which he said "triggered alarm bells'' within the company and led to an investigation.
The probe prompted a recall that the company estimates will cost it as much as $40 million.
By then, one dog and 13 cats were believed to have died -- eight from the taste tests and six among pet owners.
The proposed Canadian representative plaintiff, Toronto resident Amanda Whiting, alleges her kitten is dying as a result of kidney failure after ingesting Menu Foods cat food.
Toronto law firm Rochon Genova LLP, which represents Whiting, said it has begun an investigation to determine the precise link between the food, kidney failure, other illnesses and death.
Toronto law firm Himelfarb Proszanski LLP is also representing the plaintiff and prospective class members in the suit. Co-lead counsel David Himelfarb said Whiting alleges she used no other pet food to feed her now-ailing kitten than that made by Menu Foods.
"(The cat is) still alive, but she's not good, and she's exposed to all of these vet bills, and of course her precious little kitten is almost dead,'' Himelfarb said.
"The cat stays in the house, it's not going outside, it's not exposed to anything else.''
Himelfarb said the suit cannot seek compensation for pain and suffering because pets are considered chattels under the law.
"This is going to be very difficult for people to realize that their cats and dogs, they treat them as if they're members of their family ... and the way the law treats them as if they're property, the person who's responsible for its death would be exposed really only to the replacement costs plus any out-of-pocket expenses.''
None of the allegations raised in the claim have yet been proven in court.
A second class-action lawsuit filed Wednesday in Windsor, Ont., alleges the Canadian manufacturer was "negligent,'' and at least one other suit has been filed in Chicago.
Menu's trust units (TSX:MEW.UN) closed Thursday at $3.90, unchanged for the day but down from $7.40 a week earlier before the recall was announced.
