Frequently Asked Questions

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• What is this lawsuit about?
• Who can participate in this litigation?
• What are the recalled pet food products?
• What does the proposed settlement provide?
• Are there limits on recovery amounts?
• Because of my pet's consumption of the Recalled Pet Food, I will have to incur certain expenses in the future, such as the costs of special food or continued medical treatment. Can I be reimbursed in the settlement for such future expenses?
  
• How do I submit a claim?
• What types of documentation can be used to prove economic damages?
• I previously sent a claim form to Menu Foods or Crawford & Company. Do I need to fill out a new form?
• What if I already recovered money from defendants?
• How are payments determined?
• Can I comment on, or object to, the proposed settlement?
• What if I do not want to be a part of the settlement?
• When is the final approval hearing?
• How do I get additional information?
• Does this settlement cover pets other than cats and dogs?
• What happens if there is money left over in the settlement fund?

• What is this lawsuit about?   (top)
  There is a proposed Settlement of class action lawsuits known as In Re: Pet Food Products Liability Litigation, MDL Docket No. 1850, Civil Action No. 07-2867 (NLH) (All Cases) that are pending in the U.S. District Court for the District of New Jersey and similar lawsuits pending in Canada. This proposed Settlement Agreement is with various companies and persons or entities that handled, distributed, purchased for resale and/or redistribution, supplied, manufactured and/or sold or offered for sale pet food and/or pet treats that may have contained contaminated wheat gluten or rice protein concentrate and were recalled beginning in March 2007, as well as certain companies, persons or entities that supplied that wheat gluten or rice protein concentrate ("Recalled Pet Food Products"). The lawsuits alleged that some of the Recalled Pet Food Products in some cases may have led to illness or death from conditions known as acute kidney or renal failure. The symptoms of these conditions included vomiting, tiredness, decreased appetite, increased urination, and/or increased drinking or water intake by the affected pet.
  
  By agreeing to the proposed Settlement described in this Notice, the defendants make no admission as to the truth of these allegations, and they deny any wrongdoing.
• Who can participate in this litigation?   (top)
  The Class includes all pet owners in the United States or Canada who purchased, used or obtained or whose pets consumed the Recalled Pet Food Products, unless you are a member of the class certified by the Circuit Court of the First Circuit, State of Hawai'i in Lum v. Menu Foods, Inc., et al. (Civil No. 07-1-0849-05 (EEH)). If you have questions regarding whether you are a member of the Lum class, you may contact the Claims Administrator. The contact information for the Claims Administrator is at the end of this Notice.
• What are the recalled pet food products?   (top)
  A complete list of the Recalled Pet Food Products can be found here or may be requested by calling or writing to the Claims Administrator:

  Claims Administrator
  Pet Food Settlement
  c/o Heffler, Radetich & Saitta, LLP.
  P.O. Box 890
  Philadelphia, PA 19105-0890
  1-800-392-7785
• What does the proposed settlement provide?   (top)
  The proposed Settlement provides for the creation of a twenty-four million dollar ($24,000,000.00) Settlement Fund. Eligible consumers may receive up to a 100% cash payment for all documented, reasonable economic damages incurred as a result of their purchase or their pets' consumption of Recalled Pet Food Products. This also includes veterinary treatment costs, death-related expenses, deceased pet purchase price or fair market value, whichever is higher, or new pet cost, property damages and other economic costs. Consumers who do not have documents supporting their claims for economic damages may still be eligible for a cash reimbursement for their damages, subject to a $900 limit per pet. Recovery may also be subject to a pro rata reduction, as more fully explained in FAQ 5.
• Are there limits on recovery amounts?   (top)
  Claims approved by the Claims Administrator may be subject to certain limitations, such as:

  • The total amount available from the Settlement Fund to reimburse pet owners for healthy pet screening, in cases where the pet did not become ill or die is limited to a total of $400,000. If the limit is reached, the part of your approved claim for testing your healthy pet will be pro-rated based on the ratio of the amount of your claim to all of the approved claims for healthy pet screening.
  • The total amount available from the Settlement for reimbursement of Recalled Pet Food is limited to a total of $250,000. If this limit is reached, the part of your approved claim for reimbursement of Recalled Pet Food purchases will be pro-rated based on the ratio of the amount of your claim to all of the approved claims for Recalled Pet Food reimbursement.
  • Third, if the total value of claims for all other economic damages – separate and apart from healthy pet screening claims and Recalled Pet Food ¬purchase claims -- exceed the total Settlement Fund amount available, the part of your approved claim for all other economic damages will be pro-rated based on the ratio of the amount of your claim to all the approved claims for these other economic damages.

  Claims for economic damages that are not supported with documentation are limited to a maximum of $900 per pet.
• Because of my pet's consumption of the Recalled Pet Food, I will have to incur certain expenses in the future, such as the costs of special food or continued medical treatment. Can I be reimbursed in the settlement for such future expenses?
     (top)
  No. The settlement can reimburse you only for expenses that you have already incurred and that are included on your Claim Form.
• How do I submit a claim?   (top)
  To submit a claim, you will need to complete and mail a claim form with the supporting documentation requested by mail, fax or electronic mail (in PDF format). If you send your claim form by mail, it must be postmarked by November 24, 2008 and mailed to:

  Claims Administrator
  Pet Food Settlement
  c/o Heffler, Radetich & Saitta, L.L.P.
  P.O. Box 890
  Philadelphia, PA 19105-0890

  If you do not submit your signed claim form by this deadline, you will be deemed to have waived your right to receive any payment from the Settlement Fund.
  
  You may view and print a copy of the claim form by clicking here or by contacting the Claims Administrator at:

  Claims Administrator
  Pet Food Settlement
  c/o Heffler, Radetich & Saitta, LLP
  P.O. Box 890
  Philadelphia, PA 19105-0890
  1-800-392-7785
  (fax) 215-320-2004
  claims@petfoodsettlement.com
• What types of documentation can be used to prove economic damages?   (top)
  As part of your claim, you should provide as much documentation as you can relating to your economic damages, which means expenses. All information provided will be treated as confidential.
  
  Documentation of veterinary expenses may include veterinarian bills, veterinarian records, cancelled checks, receipts, credit card receipts or statements, or a statement from your veterinarian.
  
  Death-related expenses may include the costs of euthanasia or putting your pet to sleep, necropsy or pet autopsy, cremation, burial, or other services. Documentation of these expenses may include veterinarian bills, veterinarian records, pet cemetery records, cancelled checks, receipts, credit card receipts or statements, or a statement from your veterinarian.
  
  Documentation of Recalled Pet Food purchases may include receipts, cancelled checks, credit card statements, copies of the product labels from the products, other records from the place of purchase, or any other records that could demonstrate your purchased the food and how you paid.
• I previously sent a claim form to Menu Foods or Crawford & Company. Do I need to fill out a new form?   (top)
  Yes. You must complete the claim form approved by the Court for this settlement even if you previously completed a claim form provided by Menu Foods or Crawford & Company. You may download the Court-approved claim form here or request a copy from the Claims Administrator by phone at 1-800-392-7785.
• What if I already recovered money from defendants?   (top)
  Some Settlement Class members may have already submitted claims and been reimbursed by one of the defendants or an insurance company for expenses associated with the Recalled Pet Food Products. There is a place to report this information on the Claim Form. If you have been previously reimbursed by a defendant or an insurance company, then the reimbursed amount will be deducted from the total amount that may be owed to you as part of the Settlement. If the total amount of your previous reimbursement exceeds the total amount that you are entitled to under this Settlement, then you will not receive any further reimbursement as part of this Settlement.
• How are payments determined?   (top)
  A Claims Administrator appointed by the Court will determine whether a claim is reasonable, valid and payable from the Settlement Fund based on information you provide on the Claim Form. The Claims Administrator is a neutral party, not affiliated with either plaintiffs or defendants. The Claims Administrator has complete and final authority to determine the amount to be paid on each claim and its decision shall be final, binding and cannot be appealed.
• Can I comment on, or object to, the proposed settlement?   (top)
  If you want to remain a class member, but have comments about, or disagree with any aspect of the proposed Settlement, you must file a written objection in the case with the Clerk of Court and send a copy to Class Counsel postmarked by September 12, 2008. Your document must clearly state that it relates to Civil Action Number: 07-2867 (NLH), MDL No. 1850, and include your full name address, telephone number, your signature, and a brief explanation of your comment or reason for objection. Please see the "Notice of Proposed Class Action Settlement and Final Fairness Hearing" for further instructions of how to file a written objection.
  
  If you fall within the class definition and do not want to be prevented from bringing, continuing, or being a part of such a lawsuit, you must exclude yourself from the Settlement Class and proposed Settlement as explained in FAQ 13.
• What if I do not want to be a part of the settlement?   (top)
  If you don't want to be bound by or receive a payment from this Settlement, or you want the right to pursue your claims individually in court, then you must take steps to get out of the Settlement Class. This is called excluding yourself from or is sometimes referred to as "opting out" of the Settlement Class.
  
  If you choose to opt out of the Settlement and the Settlement Class you will not receive any payment under the Settlement.
  
  To exclude yourself from the Settlement Class, you must send a signed statement to that effect that includes your name, address and telephone number. The statement must be sent to the following:

  Claims Administrator
  Pet Food Settlement
  c/o Heffler, Radetich & Saitta, LLP.
  P.O. Box 890
  Philadelphia, PA 19105-0890

  You must mail your request for exclusion postmarked by August 15, 2008. You cannot exclude yourself on the phone, by email, or at the website.
  
  Any member of the Settlement Class who opts out of the Settlement can change their mind and rejoin the Settlement Class. To do so, you must deliver to Class Counsel and the Claims Administrator a written revocation to your request to opt out within seven (7) days before the Final Approval Hearing.
• When is the final approval hearing?   (top)
  The Court has scheduled a final Settlement Approval Hearing for October 14, 2008 at 9:30 a.m. At the hearing, the Court will consider whether the proposed Settlement is fair, reasonable and adequate to the Class as a whole. The Court will decide whether to approve the proposed Settlement and request for attorneys' fees and reimbursement of expenses. The Court will also consider any filed objections at that time.
• How do I get additional information?   (top)
  For more information on the Settlement you may do any of the following:

  1. Visit the Pet Food Settlement website at www.petfoodsettlement.com
  2. Call the Claims Administrator toll free at 800-392-7785
  3. Write of fax to Pet Food Claims Administrator at:
     Pet Food Settlement,
     c/o Heffler, Radetich & Saitta, L.L.P.
     P.O. Box 890
     Philadelphia, PA 19105-0890
     fax: (215) 320-2004
  4. Visit the Office of the Clerk of the Court during regular business hours at:
     Clerk of Court
     Mitchell H. Cohen Building & U.S. Courthouse
     4th & Cooper Streets, Room 1050
     Camden, NJ 08101
  5. Does this settlement cover pets other than cats and dogs?   (top)
     Yes. If you are making a claim for a pet other than a cat or a dog, indicate the type of pet on the Claim Form. You may contact the Claims Administrator at 1-800-392-7785 or through this link for further information.
  6. What happens if there is money left over in the settlement fund?   (top)
     If valid claims submitted total less than the Settlement Fund amount available, the difference between the total claims and the Settlement Fund available will be paid to charitable organizations that promote the health and well-being of pets.

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This page was last updated on 9/11/2008 at 1:06:35 PM (EST).