A settlement has been reached in a class action lawsuit alleging Diamond Pet Foods manufactured and distributed certain petfood products that allegedly led to illness and death in some animals that consumed them. The lawsuit was first filed in 2012 by a customer who claimed the company's dog food caused one of her dogs to die and another to become ill.
There are three subclasses of class members:
- Subclass I includes consumers who purchased certain petfood products in 2011 and 2012. Diamond Pet Foods will create a settlement fund limited to a maximum of US$750,000 to pay claims from those who purchased the petfood. Members of this subclass who submit a valid claim form will receive either payment up to a maximum value of two bags of petfood per pet; or a pro rata share of the net proceeds of the settlement fund for this subclass not to exceed the actual or estimated purchase price of up to two bags of the petfood per pet.
- Subclass II members who submit a valid claim form will receive a full reimbursement of the actual cost of veterinarian testing, care and/or treatment. The defendants will create a settlement fund limited to a total maximum of US$1.25 million to pay claims from this subclass.
- Subclass III members who submit valid claim forms shall receive one or more coupons with a face value of US$2. A maximum of 50,000 coupons will be distributed.
All class members must submit a valid form by July 11, 2014, and a final hearing will be held on September 15, 2014.
