| |
UPDATE - December 1, 2008
The Settlement for the Menu Foods Class Action has now received final approval by the Courts in Canada and in the United States. Further information is also available at www.petfoodsettlement.com.
If you wish to make a claim, you must complete a Claim Form and submit it and all supporting documents you may have to the Claims Administrator by January 27, 2009 (if you have not done so already).
UPDATE - July 8, 2008
On July 4, 2008, Justice Joan Lax of the Ontario Superior Court of Justice issued an Order certifying the Menu Foods class proceeding for the purpose of the Settlement. Justice Lax also approved the notices which will be sent to class members and published in newspapers across Canada. Our offices will be sending by email or regular mail a copy of the Notice to all class members who have previously contacted us. The Notice will contain important information about the Settlement and your rights. If you wish to read the Order of Justice Lax, please click here.
June 20, 2008 - UPDATE
On June 23, 2008 there will be a multi-province hearing to certify this class proceeding for the purpose of settlement, approve the notice to class members, and to set a date for the final settlement hearing. We will update this website following the June 23, 2008 hearing to advise you of upcoming dates related to the settlement of this class proceeding. Please visit http://www.petfoodsettlement.com for updates regarding this settlement.
On April 1, 2008, the parties in the North American Menu Foods litigation reached an agreement in principle. Rochon Genova LLP, along with other Canadian law firms, was instrumental in achieving this agreement.
The final settlement requires approval of the courts in Canada and the United States. However, under the agreement, upon submitting a claim form, Class Members will be entitled to receive monetary compensation for economic damages incurred as a result of injury or death of their pets, the costs of screening healthy pets, and the reimbursement of their pet food costs. The amounts payable may be subject to certain maximum limits. You should retain any documents, receipts, or pet food packaging material related to the Menu Foods recall.
June 4, 2008 UPDATE
Background
On March 27, 2007, Branch MacMaster commenced a proposed class action in the Supreme Court of British Columbia against various Menu Foods companies as a result of the manufacturing and sale of contaminated pet food. In doing so, Branch MacMaster joined forces with a number of other law firms who commenced similar actions in Alberta, Manitoba, New Brunswick, Nova Scotia, Ontario and Quebec.
This proposed class action is being brought by Vicki Joel. A copy of the Writ of Summons filed in British Columbia can be found by clicking here. A copy of the Statement of Claim filed in British Columbia can be found by clicking here. There is now a proposed settlement of this case, which is discussed further below.
Who is in the Class?
The proposed class members are persons resident in British Columbia who purchased dog or cat food manufactured by the Defendants between November 8, 2006 and March 6, 2007 and which was subject to the March 16, 2007 recall issued by Menu Foods Income Fund, as updated on various dates thereafter.
The Recalled Pet Food
For a list of the brands and varieties of pet food that were included in Menu Food's recall (the "Recalled Pet Food"), please go to www.menufoods.com/recall, or contact our paralegal Ulla Herlev at (604) 654-2964 or uherlev@branmac.com.
The Proposed Settlement
Following a series of mediations conducted since October 26, 2007, the parties have reached a proposed settlement of all claims relating to the manufacture, distribution or sale of the Recalled Pet food. The proposed settlement encompasses 180 brands of pet food and pet treats produced by twelve different manufacturers, including Menu Foods, and distributed, marketed and sold by dozens of retailers.
The proposed settlement provides for the creation of a $24 million settlement fund, which will be used to pay for the economic losses sustained by those who purchased the recalled pet food or fed it to their pets. While losses supported by documents will be compensated more fully, the settlement also provides for some payment for certain undocumented economic losses, subject to review and decision by the Claims Administrator. Any money left over after all claims are paid will be donated to animal welfare charities in Canada and in the U.S.
The settlement will be subject to approval by the courts in the U.S. and in Canada, and is NOT FINAL UNTIL THAT TIME. The settlement received preliminary approval in the U.S. on May 30, 2008. We anticipate that preliminary hearings will be scheduled in Canada during the month of June 2008. At those hearings, the Canadian courts will be asked to approve notices to class members with information regarding the proposed terms of the settlement, eligibility criteria and claims process. The final hearings to approve the settlement in Canada will take place after notice has been given to class members, and likely in late October 2008.
The Canadian claims were prosecuted by members of a national consortium of law firms comprising Branch MacMaster, Sutts Strosberg LLP, Rochon Genova LLP, Falconer Charney LLP, Himelfarb Proszanski LLP, Pollock & Company, Barry Spalding Lawyers, Wagners Law Firm and Docken & Company, and by Merchant Law Group. Ward Branch and Luciana Brasil of Branch MacMaster will be responsible for managing approval of the settlement before the Canadian courts.
Claims Process
There will be a claims period in which eligible class members can make claims for compensation pursuant to the terms of the settlement agreement. This claims period will be different for US and Canadian residents given the different dates for approval in the various courts.
In Canada, eligible class members will be able to make claims for compensation after Notice of Certification is approved by our Courts, which we expect will occur in the preliminary hearings in late June or early July 2008. Further information on how to make a claim will be posted on this website at that time. Details of the claims process will also be posted on a dedicated settlement website, which will also be established within the next few weeks at www.petfoodsettlement.com.
If you have previously provided your contact information to our firm, we will provide direct notice to you on how to make a claim at the commencement of the claims period. If you have not done so, and would like to receive direct notice, please contact our paralegal Ulla Herlev at (604) 654-2964 or uherlev@branmac.com.
August 13, 2007 - MENU FOODS Class ACTION UPDATE
Please be advised that due to the large number of class proceedings that have been issued against Menu Foods, we are now faced with a Carriage Motion before the courts which is scheduled for September 27, 2007. The main objective of a Carriage Motion is to determine which law firm will bring the class proceeding to certification and ultimately to trial. Once the courts have made a decision as to which law firm(s) will have carriage of this action, Plaintiffs' counsel will continue to move the litigation forward. We are committed to keeping our website updated from time to time as more information becomes available.
Thank you for your patience and for choosing Rochon Genova LLP to represent you in this very unfortunate situation.
May 3, 2007- ROYAL CANIN UPDATE
We have now amended the claim to include an additional 5 Royal Canin pet food products which were produced for Royal Canin Canada Company by Menu Foods Income Fund. These products were recalled by Royal Canin Canada because they were found to contain melamine, a substance linked to previous pet food recalls by Menu Foods. The 5 additional products are:
ROYAL CANIN VETERINARY DIET CANINE EARLY CARDIAC EC
ROYAL CANIN VETERINARY DIET CANINE SENSITIVITY RC (Rice and Catfish)
ROYAL CANIN VETERINARY DIET CANINE SKIN SUPPORT SS
ROYAL CANIN VETERINARY DIET FELINE HYPOALLERGENIC HP
ROYAL CANIN VETERINARY DIET FELINE SENSITIVITY RD (Rice and Duck)
April 20, 2007
Our class action deals with the allegedly excessive levels of Vitamin D found in certain Royal Canin pet food products. However, Royal Canin Canada announced today that it is recalling some of its products in which melamine has been found in the rice protein concentrate. Our firm is investigating this and will make any amendments to our claim as are warranted by these announcements. Royal Canin Canada's products which were recalled today are:
ROYAL CANIN VETERINARY DIET CANINE EARLY CARDIAC
ROYAL CANIN VETERINARY DIET CANINE SENSITIVITY RC (Rice and Catfish)
ROYAL CANIN VETERINARY DIET CANINE SKIN SUPPORT
ROYAL CANIN VETERINARY DIET FELINE HYPOALLERGENIC HP
ROYAL CANIN VETERINARY DIET FELINE SENSITIVITY RD (Rice and Duck)
Please continue to check our firm's website for further details
March 22, 2007
A national class action has been commenced on behalf of pet owners who have purchased certain types of dog and cat food manufactured by Royal Canin Canada Company. The claim seeks compensation for all those who have purchased Royal Canin dog or cat food since August 1, 2004.
The claim, issued today in the Ontario Superior Court of Justice, alleges that certain types of Royal Canin cat and dog food contain excessive amounts of Vitamin D, which cause severe illness or death in pets. The claim further alleges that Royal Canin was negligent in manufacturing and distributing the pet food, and that it knew or ought to have known that excessive amounts of Vitamin D are unsafe and leave dogs and cats vulnerable to developing conditions such as hypercalcaemia and renal failure.
To read the complete Press Release relating to the Royal Canin action, please click here.
To view the Statement of Claim in the Royal Canin products class action in Adobe Reader format (.pdf), please click here.
To read the complete Press Release relating to the Menu Foods action, please click here.
NEW - The proposed co-representative plaintiff in the Menu Foods class action has initiated an online petition for pet owners. If you are interested in signing her online petition or reading more about it, please visit http://www.petitiononline.com/menupay/petition.html for further information. |
|