Hill’s Pet Nutrition Failed to Recall ‘Prescription Diet,’ ‘Science Diet’ Dog Foods Quickly Enough, Class Action Says
McIlvain v. Hill’s Pet Nutrition, Inc.
Filed: April 30, 2019 ◆§ 2:19-cv-00497
A class action says Hill's Pet Nutrition acted too slowly in recalling dog food contaminated with excessive amounts of Vitamin D.
Hill’s Pet Nutrition has been hit with a proposed class action centered on its now-recalled “Science Diet” and “Prescription Diet” dog foods, which reportedly contained levels of Vitamin D poisonous and potentially lethal to dogs.
The products, which were subject to a January 2019 recall that was expanded in March, contained what the lawsuit describes as “unreasonably dangerous” levels of Vitamin D. Dogs who consume excessive amounts of Vitamin D can exhibit symptoms such as vomiting, loss of appetite, increased thirst and urination, weight loss, and renal dysfunction, according to the suit.
Many dog owners, the lawsuit says, were “forced to watch helplessly” as their dogs suffered from Vitamin D poisoning after eating the defendant’s dog foods. Many pets, the case continues, required “expensive veterinary treatment and prescription medications,” while many others died.
In addition to selling dangerous and contaminated dog food in the first place, the defendant, the suit argues, failed to timely issue a recall. Moreover, the January 2019 recall was inadequate in that it failed to cover all Hill’s Pet Nutrition products believed to be dangerous, a claim supported, the suit says, by the March recall expansion.
“As such, the lethal and hazardous nature of the Products was exacerbated by [the defendant’s] excessive and unsubstantiated delay in warning consumers,” the complaint reads, “including Plaintiff and Class members, that the Products were dangerous for consumption by dogs.”
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