ALLENTOWN, Pa. (Legal Newsline) – Nestle has agreed to pay $800,000 to residents around its Allentown, Pa., facility who claim its manufacture of Purina pet foods there has left an odor in the air.
Mark and Lori Fuehrer filed the class action lawsuit in August, claiming that, despite living almost two miles from the plant, their property “has been and continues to be physically invaded by noxious odors.”
On March 17, the Fuehrers’ lawyers at Kamensky Cohen & Riechelson announced their proposed settlement to an Allentown federal judge who will now decide whether it should be approved.
The settlement creates an $800,000 common fund for class members who submit an approved claim form that preserves their rights to bring claims for the company’s future behavior.
After the lawyers and the named plaintiffs get paid, what’s left of the $800,000 fund will be divided equally among homeowners who turn in claims. Lawyers appear to be seeking one-third of the $800,000.
Defendant’s industrial operations at the facility include the production of pet food products. Defendant’s pet food products include animal-derived raw proteins and animal fats, many of which are highly odiferous. Defendant mixes the raw ingredients according to numerous pet food recipes, which are dried and formed into a dough. The dough for each pet food product is then cooked and extruded into its kibble shape. Defendant’s cooking process product produces highly odiferous emissions,” the suit says.
“In July 2017, defendant began utilizing a new cooking operation that caused a substantial increase in the odors produced by the facility. The pet food products then undergo a drying process prior to being packaged and sold. Defendant’s facility has discharge stacks, through which its emissions are released into the ambient air surrounding the facility.”
The suit adds that the defendant’s industrial operations also produce substantial quantities of organic waste that must be disposed, and that the waste products are initially disposed on-site.
“Defendant’s industrial operations produce substantial quantities of excess wastewater containing highly odiferous organic matter. Defendant maintains an on-site wastewater treatment operation, which is a substantial contributing factor to the noxious odors generated by the facility,” per the suit.
The litigation states that the odors are dispersed from the facility all across public and private property through the region, with other class members stating the smell was similar to that of decaying animal matter and has negatively impacted their ability to quietly enjoy their properties.