JEFFERSON CITY, Mo. (Legal Newsline) - A Missouri woman is suing several dog food sellers, alleging their treats are dangerous to dogs.
Sharel Mawby, individually and for all others similarly situated, filed a class action lawsuit Feb. 4 in the Circuit Court of Jackson County Missouri at Independence against Milo's Kitchen LLC, Big Heart Pet Brands and The J.M. Smucker Company, alleging violation of the Missouri Merchandising Practices Act.
The suit alleges the defendants label and market their Milo's Kitchen brand chicken jerky and Chicken Grillers' home-style dog treats as "wholesome," "100 percent real," and "made with the same quality of ingredients and care that you want with your food."
However, the suit alleges the treats were made with substandard, non-wholesome ingredients contaminated with poisonous antibiotics and other potentially lethal substances.
As a result, the lawsuit alleges, dogs fed with these treats may suffer from acute renal failure or other, sometimes fatal illnesses within hours or days after consuming the treats. The defendants recalled the product Jan. 9, 2013, but the treats were still sold in Jackson County, Missouri after the recall, the suit states.
Mawby and others in the class seek a jury trial, actual and statutory damages, interests, attorney fees and costs of the suit. They are represented by attorneys Christopher S. Shank, David L. Heinemann and Stephen J. Moore of Shank & Moore in Mission Woods, Kansas.
The defendant filed April 1 to remove the case to U.S. District Court for the Western District of Missouri because the amount in controversy exceeds $5 million and minimal diversity exists among parties.
Circuit Court of Jackson County Missouri at Independence Case number 1616-CV03384
U.S. District Court for the Western District of Missouri Case number 4:16-CV-00296-DGK