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Lawsuit filed for credible FDA investigation PLUS Menu Foods loses biggest customer
August 15, 2007, 2007 -- From Pet Food Recall Facts

Poisoned Pet Food Epidemic Sparks Lawsuit for Credible FDA Investigation


Acetaminophen Found in Unrecalled Pet Food

PORT TOWNSEND, Wash./EWORLDWIRE/Aug. 14, 2007 --- In May and June of this year, a nationally accredited Deer Park, Texas laboratory discovered acetaminophen, also known as Tylenol, in samples of pet food submitted by pet food manufacturers and consumers. This common pain medication is unusually toxic to cats and is a frequent cause of accidental poisonings in dogs. In one sample submitted by an unidentified pet food manufacturer, the medication was found at levels sufficient to be lethal to a cat in a single feeding.

According to Dr. Wilson Rumbeiha, a pathologist working with the FDA, "That is eight times what a 10-pound cat could safely consume."

On June 5, FDA spokesman Doug Arbesfeld was quoted, "We're very interested in being able to test these samples ourselves to determine the levels of those contaminants. What's significant is these things are there. They don't belong there."

THE FDA FAILS TO INVESTIGATE THE FINDINGS

Eight days later, the FDA announced the conclusion of its investigation into the acetaminophen findings. FDA spokesman, Mike Herndon stated, "At this point, FDA sees no compelling need to analyze any more samples for acetaminophen."

According to lab personnel and consumers who submitted the samples, the FDA reached this conclusion without testing the pet food found to be contaminated with acetaminophen.

ACTION FILED IN FEDERAL DISTRICT COURT

On August 9, an action was filed to compel a credible FDA investigation into the pet food poisonings of companion animals, estimated to be in the hundreds of thousands, calling the FDA's five-month investigation "whimsical."

Issues raised in the action include:

  • The FDA focused on melamine, to the exclusion of contrary evidence and expert testimony showing melamine is virtually nontoxic, even at levels many times higher than that found in pet food samples.
  • The FDA kept secret for three months a recall by rendering company, Darling International, of 1.4 million pounds of a meat protein ingredient commonly used in pet food, which was contaminated with melamine.
  • The FDA appears to be following a predetermined script, which is based exclusively on unsupportable theories related to melamine from China.
  • The FDA has moved to aggressively discount credible evidence which if properly investigated would uncover the source of toxins responsible for the deaths of thousands of companion animals.
  • The FDA has controlled, withheld and otherwise manipulated critical information, and destroyed essential evidence, to the detriment of pet owners who suffered damages caused by the poisoned pet food epidemic.
The action seeks non-monitory relief to compel the FDA to properly investigate recalled and unrecalled pet food, and to cease destroying related pet food evidence. More information may be found at 'http://www.petfoodrecallfacts.com'. The Web site is published as a free public service for concerned pet owners, and it contains in-depth research and documentation on all aspects of the recall.

CONTACT:
Don Earl
Pet Food Recall Facts
PHONE. 360-379-6604
EMAIL: don-earl@waypoint.com
http://www.petfoodrecallfacts.com

PLUS

Menu Foods loses biggest customer

Tue Aug 14, 2007 - TORONTO (Reuters) - The fallout from a tainted pet food scandal hit Menu Foods Income Fund (MEW_u.TO: Quote) again on Tuesday, when its biggest customer said it would stop buying some of its products in the fourth quarter.

The unnamed customer, whose total purchases made up nearly 10.8 percent of Menu Food's sales volume in 2006, said it would stop buying 'loaf' products from the company beginning October 1, Menu Foods said in a statement.

Earlier this year, the same customer said it would stop purchases of other Menu Foods products.

"Menu Foods is disappointed in the reaction of this customer to the pet food recall. The intentional tainting of product inputs from a third party supplier in China was a fraudulent act that victimized many pet food manufacturers, customers and consumers," Paul Henderson, Menu's president and chief executive, said in the statement.

Menu Foods was one of almost a dozen North American pet food manufacturers that had used vegetable proteins contaminated in China with melamine or related compounds.

In March, the company recalled millions of cans of tainted pet food manufactured at two U.S. plants after reports of some animal deaths.

In afternoon trading, Menu Foods' units were down 30 Canadian cents, or 10 percent, at C$2.70 on the Toronto Stock Exchange, while the benchmark S&P/TSX composite index <.GSPTSE> was down 1 percent.

($1=$1.06 Canadian)







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