Dog owner sues Nestle Purina alleging food harmed pets

By Carol Ostrow | Feb 10, 2015


A California man filed a class-action lawsuit against a large pet food manufacturer on Wednesday, alleging unsafe pet food manufacturing and distribution, as well as breach of warranty.

Frank Lucido alleged that Nestle Purina Petcare Co. of Missouri and John Does 1 through 200 manufactured and sold Beneful dog food, which injured his three dogs.

The suit alleges that the defendents have received more than 3,000 online complaints about the food making dogs sick over the past four years. In some cases, the dogs allegedly suffered internal bleeding, weight loss, dehydration and other symptoms. 

Lucido alleged that Purina added an ingredient to Beneful that was known to be dangerous to dogs and cats. Propylene glycol, an automotive antifreeze component, is listed in the product’s ingredients, along with mycotoxins. The plaintiff’s German shepherd and Labrador allegedly suffered, and his English Bulldog died, after ingesting Beneful beginning on Jan. 15.

Alleging negligence, misrepresentation, product liability and unfair business practices, the plaintiff is seeking more than $5 million in damages, plus costs and fees.

Lucido and the class are represented by Jeffrey Cereghino, Michael Ram, Matt Malone and Susan Brown, of Ram, Olson, Cereghino & Kopczynski LLP in San Francisco, California; John Yanchunis, of Morgan & Morgan Complex Litigation Group in Tampa, Florida; Karl Molineux and Charles Merrill, of Merrill, Nomura & Molineux in Danville, California; and Donna Solen, of Kimbrell Kimbrell & Solen LLC in Washington, DC.

The U.S. District Court for the Northern District of California case No. 3:15-cv-00569-LB.

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