Court: U.S. District Court for the Southern District of Indiana
In re: Midwestern Pet Foods Marketing, Sales Practices, and Product Liability Litigation, Case No.: 3:21-cv-00007
Leadership Position: Co-Lead Counsel
WBE was appointed interim Co-Lead Counsel in this consolidated class action against Midwestern Pet Foods, Inc. (Midwestern) on behalf of a proposed class of consumers who purchased Sportmix and other Midwestern brand pet food products, allegedly contaminated with a toxic mold known as Aflatoxin, as well as the Salmonella bacteria.
In late 2020, Midwestern Pet Foods announced a recall of certain pet food products sold under the Sportmix and other Midwestern brands after hundreds of reported deaths and illnesses of dogs that consumed Midwestern’s pet foods. As of January 21, 2021, the U.S. Food and Drug Administration (FDA”) was aware of more than 110 pets that had died, and more than 210 sick pets. The recall followed a nationwide alert from the FDA informing consumers of the presence of aflatoxin in the recalled pet food manufactured by Midwestern. Midwestern announced another recall in March 2021, involving Salmonella contamination of several of the same brands of products.
Aflatoxin is a toxin produced by the mold Aspergillus flavus, which can grow on corn and other grains used as ingredients in pet food. At high levels, Aflatoxin can cause illness or death in pets. According to the FDA, testing revealed “potentially fatal levels” of aflatoxins in multiple lots of Sportmix pet foods. Pets exposed to Salmonella may become lethargic, and experience diarrhea, fever, and vomiting.
On Monday, February 6, 2023, United States Magistrate Judge Matthew P. Brookman of the U.S. District Court for the Southern District of Indiana Evansville Division granted preliminary approval of a $6,375,000 class action settlement to resolve claims in this case. Final approval was granted on Monday, August 21, 2023. To view the settlement website please visit https://www.mwpfsettlement.com. There, you can read a description of the settlement terms and review court documents. The deadline to submit a claim was August 3, 2023.