Finally, a class action lawsuit has been filed against Waggin’ Train LLC and Nestle Purina Petcare Company for their allegedly toxic chicken jerky treats sold at Wal-Mart.

Under UCC §2-314(2), “Goods to be merchantable must be at least such as…. (c) are fit for the ordinary purposes for which such goods are used; and… (f) conform to the promises or affirmations of fact made on the container or label if any.”

Some of the affirmations made on the label include:
–that “it’s what nature intended,”
–that the treats were “just wholesome goodness,”
–that the purchaser should “feel confident that you are giving your dog a wholesome treat that is both healthy and delicious,” and
–that “it means a lot to us to help you treat your dog right.”

Even though Nestle-Purina and Waggin’ Train LLC received complaints of more than 500 incidents for which dog treats containing chicken jerky imported from China were causing dogs to become sick or die – they did nothing but put a warning on their website.

These corporations should’ve informed the sellers and distributors to remove the chicken jerky products from shelves until there was resolution. Because the FDA couldn’t find the contaminant, the chicken jerky treats remained on the market. As of this writing there has been no chicken jerky recall. There has only been a hiccup of media coverage.

I hope to dog these treats don’t go on sale.

You can read the legal complaint here.
Stay informed by following Susan Thixton, a pet food expert and also another blog, Poisoned Pets.
Tucson Tails blogged about the chicken jerky problem previously.