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Menu Foods announces tentative settlement agreement

April 1, 2008

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The Canadian press and the Wall Street Journal are reporting that Menu Foods has announced a tentative settlement deal for a slough of lawsuits filed over last year’s melamine contamination of pet food. From Toronto’s Globe and Mail:

The Toronto company also indicated in a brief news release Tuesday that, assuming the settlement is finalized, it does not expect to incur more than the $55-million estimate it already has put on its costs for the wide-ranging product recall it was forced to launch last year.

The deal still has to be approved by both Canadian and U.S. courts, and approved by what the agreement calls “certain other parties.” And those worried over how the company would fare once it had to pay up can take heart:

Menu Foods’ battered units leapt at the news. In mid afternoon trading they were at 81 cents on the Toronto Stock Exchange, up 12 cents or 17.4 per cent from Monday’s finish, although still nowhere near their 52-week high of $4.90.

Let’s see: Menu’s stock going back up.

Thousands of pets still dead.

That about sums it up.

Filed under: 2007 food recall,animals: pets,news — Christie Keith @ 2:51 pm

19 Comments »

  1. I wonder if part of the settlement will include an apology—-I’ve been waiting for one on behalf of my two kitties since my first email to them on March 17th at 5am. Also a promise that this could never happen again might also be a good start. I am sad to see the stock going up if it’s for the reason of this “settlement” —it might go down some more if it were more public how we all were treated in those early days—-before we were totally ignored or completely insulted on their website.

    Comment by Carol V — April 1, 2008 @ 3:40 pm

  2. Unfortunately, all Wall Street (or whatever is the Canadian equivalent) cares about is the bottom line. If it looks like there’s a settlement in sight and the light at the end of the tunnel comes in at or below its projected cost, Wall Street will respond favorably and the stock prices will begin to recover.

    Our investment communities really need to grow a conscience . . . . . . .

    Comment by The OTHER Pat — April 1, 2008 @ 3:53 pm

  3. I whistle loudly about an apology - they can apologize ‘till the cows come home and it doesn’t change the fact that their greed and ignorance, combined with sloppy work cost the lives of thousands of animals and has a presumably even bigger number of animals sick to this day and their owners paying a fortune in vet bills.

    I can bring them down, and I’m doing it: I’m writing companies who still have their ‘pet food’ cooked by Menu if they have changed their production, and if not, I let those companies know that I don’t do business with companies who do business with Menu Food INCOME Funds.

    If enough people let their feelings be known, *and don’t do business with companies who do business with Menu* there will be a change.

    I’m looking forward to the day when Menu goes belly-up, claiming to the last minute that ‘those hysteric pet owners have the attention span of a fruit fly and in a couple of weeks everything will be forgotten’.

    Guess what?

    No.

    Comment by MaKo — April 1, 2008 @ 5:19 pm

  4. Thousands of pets dead, stock is back up, and…
    where would you like your free Menu pet food certificates from the settlement to be sent?

    That’s typical of settlements these days. Coupons for more of the product that was alleged to cause problems… The attorneys are the ones who make the money in these cases.

    Comment by Dennis — April 2, 2008 @ 6:04 am

  5. “Let’s see: Menu’s stock going back up.
    Thousands of pets still dead.
    That about sums it up.”

    AND: Many pet owners wiser.

    Comment by slt — April 2, 2008 @ 6:54 am

  6. Comment by MaKo — April 1, 2008 @ 5:19 pm

    Are you sharing your findings anywhere online? I’m curious if any companies have switched from Menu since last year.

    Comment by slt — April 2, 2008 @ 6:57 am

  7. Here’s the list from 2007:

    http://www.thepetfoodlist.com/manufacturers.htm

    Comment by The OTHER Pat — April 2, 2008 @ 7:01 am

  8. Many companies now will not disclose where their canning is done—-they say it is “proprietory” (?sp) and only told us prior to this “as a courtesy”. Fancy that—-we, the people that buy (or used to) their food do not have a right to know where it is made—-we are not asking for the recipes!!!
    Here is the letter I sent to AAFCO and my local rep here in RI—-
    “It was exactly one year ago today, February 17, that the first of my two beloved cats fell ill with acute renal failure. I never gave a thought to her food as the culprit. After all— I fed her food that had been through actual “feeding trials” and had met AAFCO standards according to the foil packet. Three weeks later, March 11, my second cat, younger and stronger, fell ill with acute renal failure.

    Here I sit now with one cat struggling with chronic renal failure and its many uncomfortable symptoms and one cat deceased with no change on the horizon for more enforceable regulations or positive changes to prevent this from happening again. Quite obviously to those of us who have watched this each and every day, and have taken the time to see how things are handled by the PFI, the existing regulations and statutes are grossly inadequate to protect our pets.

    I have a right—as a pet owner and a consumer— to know what ingredients I am buying to feed my pets. I have a right to know where my food is manufactured and where the ingredients originate. I have the right to safely feed my cat and my dogs without fear of adulterated ingredients. I have a right to expect the companies who manufacture my pets’ food to do proper quality control and are held responsible when the food proves to be defective. I have the expectation that regulations need to be enforced and penalties applied when not met.

    This is certainly going to happen again if the PFI continues without significant changes. AAFCO can assist in making these changes happen. If not, then AAFCO will be as much to blame. AAFCO must step up to the plate now and see to it that the animals, who are beloved family members, have not died in vain.
    on behalf of the deceased Jessica and the ill Smudge.”
    Unfortunately I received no responses back—-something I have grown accustomed to this last year—-feel free to cut, copy, paste any part of the letter that you might want to use!

    Comment by Carol V — April 2, 2008 @ 7:15 am

  9. Wall Street (and its Canadian equivalent) respond to idiotic stimuli - if someone sneezes in Saudi Arabia gas prices go up. If no one will tell me where their food is manufactured, it will sit on the shelf. Hopefully this short term gain by Menu Foods will be just that - short term. Leave their garbage on the shelf and assert influence in the only sphere we can - in the wallet.

    Comment by Carol — April 2, 2008 @ 7:29 am

  10. Isn’t it amazing that a two inch tall plastic figurine has “Made in China” stamped on it but if you search your FOOD labels, you’re not likely to find anything? Even then, if you call, they may not tell you. I remember when I contacted an oats company they wouldn’t get any more specific than “North America”. My rule of thumb has been: no tell/no buy.

    Comment by slt — April 2, 2008 @ 7:37 am

  11. A couple weeks ago I checked in with Innova/California Natural to see if they have made any progress on their promise of building their own canning facility. That was after all, their response to last year’s Menu Foods poisonings.

    After about a week they sent me the same form letter response that they sent to me a year ago so I took that as a ‘no’…. no progress made and maybe they’re hoping that people don’t remember that they have their canned food made at Menu and that they promised to do otherwise. Although their canned food was not recalled, I still resent the fact that they use Menu Foods. I don’t want to support Menu Foods. At all.

    Comment by CynthiaW — April 2, 2008 @ 7:57 am

  12. I bet I am one of many who decided not to join the class action lawsuits because I would rather have my extraordinarily high vet bills reimbursed than get a food coupon or a nominal award. So I filed a claim with Menu Foods in May 2007 according to their insurer’s directives.

    But soon thereafter, Menu Foods claimed it could not process any claims because a federal judge had ordered it to stop communicating with complainants. That was not true - the judge ordered them to stop contacting complainants WHO HAD JOINED THE CLASS ACTIONS because they were represented by attorneys. As an attorney, I could see that MF was improperly relying on this court order to avoid processing claims.

    Now that the class actions are settling, it seems Menu Foods will have to resume processing reimbursement claims filed by those who have not opted into/will not opt into the class actions. I intend to pursue that remedy as soon as possible and will post about how it goes - if others in the same boat could do so as well, it would be helpful to all.

    Comment by Eden — April 2, 2008 @ 10:40 am

  13. I had a similar experience when researching Innova/California Natural. I received a form letter explaining that the company was “committed” to not sourcing ingredients from China, even though it hasn’t actually followed through on this commitment.

    Comment by Mark Bullock — April 2, 2008 @ 10:51 am

  14. I do not expect much in the way of justice from the Menu Foods Settlement. An Income Trust is an odious Canadian invention that we are not proud of. Castleberry’s, proud producers of botulism, is also an Income Trust. I have been lead to understand by one of the class action lawsuit lawyers and a friend in a brokerage firm that if information (with proof) that the executives at Menu knew that the food was tainted before they admitted to it was found that criminal charges could be brought. Not for killing pets but for defrauding the investors.
    There must be employees of Menu Foods who knows, your conscience must be bothering you. Blow the whistle to Christie Keith, please.

    Comment by Louise — April 3, 2008 @ 4:03 pm

  15. Thanks, Eden, for your posting. I, too, did not want to join the class action and I also filed a claim with Menu Food’s insurer. I am not an attorney, so I was wondering if I would need to file my own lawsuit as well as to opt out of the class action. Your information was appreciated, and please keep us informed as to what else happens with you.

    Also, my husband is in the agriculture business, and was recently told by one of his associates that they had contracted to sell their entire “output” of chicken feathers to “the big pet food companies”—wouldn’t tell which one(s)—who wanted to use chicken feathers in their pet food as a protein source, since corn and wheat prices had gotten so high. So, if your cat starts to cluck or your dog to crow, you’ll know you’re feeding him too much of this yummy pet food.

    Comment by Harry’s Mom

    Comment by Ann Hill — April 4, 2008 @ 4:37 am

  16. Opps—correction—hubby tells me that the chicken feathers are only going in (so far) dog food, so your cat is safe from clucking for right now.

    Comment by Ann Hill — April 4, 2008 @ 5:01 am

  17. Comment by Ann Hill — April 4, 2008 @ 4:37 am

    “Also, my husband is in the agriculture business, and was recently told by one of his associates that they had contracted to sell their entire ‘output’ of chicken feathers to ‘the big pet food companies’—wouldn’t tell which one(s)—who wanted to use chicken feathers in their pet food as a protein source, since corn and wheat prices had gotten so high”

    But of course, they still won’t tell us what the ingredients are or where they get them because that information is “proprietary”.

    The more things change, the more they stay the same?

    Comment by The OTHER Pat — April 4, 2008 @ 5:44 am

  18. I sure would hate to see my cats clucking.

    I do not want them to wake up the neighborhood at 5:00 o’clock in the morning.

    If it was 3:00 o’clock in the morning, I’d call Hillary—she would know what to do—hehehaw!

    Comment by Colorado Transplant — April 4, 2008 @ 6:45 am

  19. O come on! We must find out who is buying up all the feathers for use in pet food. Super sleuths, get your caps and pipes on!

    Comment by slt — April 4, 2008 @ 7:22 am

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