Evanger’s files US$20 million lawsuit against meat supplier

The pet food lawsuit accuses Bailey Farms of fraud, breach of contract and breach of warranty.

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(NiroDesign | BigStock.com)

Evanger’s Dog and Cat Food Company filed a lawsuit against meat supplier Bailey Farms LLC, alleging that Bailey sold pentobarbital-tainted horse meat to Evanger’s, reported Courthouse News Service. The pet food lawsuit accuses Bailey of fraud, breach of contract and breach of warranty. Evanger’s seeks a total of US$20 million along with legal fees and costs from Wisconsin-based Bailey Farms.

Along with selling tainted hose meat, Evanger’s alleges that Bailey used an expired certification tag from the US Department of Agriculture’s Animal and Plant Health Inspection Services, according to a document filed in the Cook County, Illinois, USA Circuit Court.

Details of meat shipment

In June 2016, Evanger’s received a 43,340 pound shipment of meat from Bailey Farms. That meat was labeled “inedible hand boned beef,” according to the court document.

The meat was used to produce approximately 50,000 cans of Hunk of Beef dog food. One lot was delivered to a distributor in Washington State.

History of the pentobarbital tainted dog food recalls

In Washington during January 2017, one Pug was put to sleep after eating Evanger’s dog food, and four other dogs were sickened. A Michigan State University lab found pentobarbital in that dog food. Pentobarbital, a barbiturate, is used to euthanize animals.

Along with pentobarbital, private laboratory results found horse DNA in samples of the Hunk of Beef dog food that were recalled on February 3, Sher told Petfood Industry. Against the Grain Pet Food recalled one lot of Pulled Beef with Gravy Dinner for Dogs on February 14. Against the Grain is owned by members of the Sher family.

FDA officials confirmed the presence of pentobarbital in both the Against the Grain and Evanger’s products, and classified the products as adulterated. In the same FDA Form 483 Inspectional Observations report, inspectors noted food safety problems at Evanger’s Wheeling, Illinois, USA plant where the dog foods are produced. 

Beef Supplier Blamed for Bad Batch of Dog Food

(CN) - A dog food company claims in a $20 million lawsuit that its meat supplier provided it with beef containing horsemeat laced with euthanizing drugs, forcing a recall after a dog died. Evanger's Dog and Cat Food sued Wisconsin-based Bailey Farms LLC in Cook County, Ill., Circuit Court on Wednesday, seeking $20 million in punitive damages in addition to compensatory damages and attorney fees.

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