Menu Foods announces final court approval of pet food settlement
Last Updated: Thursday, November 27, 2008 | 9:30 PM ET
The Canadian Press
Canadians whose pets died amid a tainted pet food recall saw their long battle against Menu Foods clear a major legal hurdle on Thursday as Canadian courts gave final approval to a $24-million US settlement.
More than 100 class action lawsuits filed in Canada and the U.S. can move toward resolution in the wake of the approval, Menu Foods said in a statement.
In March 2007, Menu Foods recalled about 60 million cans and pouches of its "cuts and gravy" style food, sold under 95 brand names after it received reports of kidney failure and death among dogs and cats.
The problem was eventually traced to wheat gluten contaminated with melamine — used in making plastics — from a Chinese supplier.
An American Association of Veterinary Laboratory Diagnosticians study tied 347 cases of pet deaths and illnesses to the contaminated food. Twenty-seven cases were from Canada: 20 cats and seven dogs.
The study's authors suggested that, in reality, there were likely at least twice as many fatal cases.
People covered under the settlement will be entitled to be reimbursed for expenses incurred as a result of the recall, such as veterinary bills.
"Non-economic losses" are not covered, the claim administrator said.
Those losses, the ones impossible to quantify, are the most troubling, pet owners say.
Diana DesRoches saw four of her six cats die after eating the recalled pet food and she estimates the associated expenses total about $10,000.
But she said it's strange to put a price on her beloved animals and that the settlement does cover pets bought to replace ones that died.
"It's odd because we'll never replace them," she said.
"From six down to two was too hard on everybody so we did get a couple of kittens and they're great, but it's not the same at all."
A website run by the claims administrator lists Jan. 2 as the deadline for Canadians to file claims, but Luciana Brasil, a lawyer involved in the class action lawsuits, said that will likely change.
Claimants will have 60 days once the paperwork is in place.
"I'm just so glad it's going to be over soon," said Gillian Alexander, adding she is very pleased with the terms of the settlement and that the company is being held accountable.
"Obviously we're never going to get our cats back and that goes for everyone, but at least this is almost over."
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