A recall was widened after the Food and Drug Administration (FDA) announced that more than two dozen dogs have died from eating Sprotmix brand dry kibble. The FDA and manufacturer believe that aflatoxin, a byproduct of a corn mold, is the culprit behind the fatalities.
The recall includes corn-based kibble manufactured by Midwestern Pet Foods, Inc. in Oklahoma. The brands include: Sportmix, Pro Pac, Spash, Nunn, and Sportstrail. The FDA said that there are over 70 unconfirmed deaths that were reported in connection to pets consuming these foods. Symptoms of poisoning include: sluggish, gastrointestinal issues, or jaundice. The FDA also warned that some dogs may exhibit no symptoms at all.
The FDA stated that “pet owners should stop feeding their pets the recalled products listed below and consult with their veterinarian, especially if the pet is showing signs of illness.” Pet owners are being warned to remove the food and make sure no other animals have access to the recalled food.
Many states recognize animals as “property.” This means an individual is only able to seek damages, such as the cost, of their property. These damages might include the cost of treatment, replacement cost of the animal, or fair market value of the animal. Typically, owners are unable to recover for sentimental value or loss of companionship/emotional distress. However, the law might allow an owner to bring a separate cause of action against a company that knowing violates a deceptive trade practice law/regulation. Often times consumer protection statutes include damages such as attorney fees, treble damages, and/or economic damage.
If you or someone you know has been injured as the result of a defective product, contact an attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling 713-396-3964 or toll free at 800-594-4884.