Assemblyman Neil M. Cohen Bill Allowing Civil Actions For Harm Caused By Tainted Pet Food Advances

COHEN BILL ALLOWING CIVIL ACTIONS FOR HARM CAUSED BY TAINTED PET FOOD ADVANCES

Measure Would Dispel Antiquated Common Law Notion That Pets Are Merely Property

(TRENTON) - Legislation Assemblyman Neil M. Cohen sponsored to provide expanded legal recourse for owners of pets that are sickened, injured or killed by tainted pet food products was released today by the Assembly Agriculture and Natural Resources Committee.

"For many pet owners, losing a dog or cat to tainted food can be as devastating as losing a loved one to a preventable tragedy," said Cohen (D-Union).  "Businesses must be held accountable when they make unsafe products - even if the victim is an animal."

The legislation (A-4217) - which was amended in committee -- would allow pet owners to sue for up to $15,000 for loss of companionship and other damages from a manufacturer, producer, and distributor of pet foods that cause a pet to become ill, injured, or die.  If enacted, New Jersey would be the only state to allow such lawsuits and relief.

Cohen said he crafted the legislation in response to the national rash of pet deaths and sicknesses caused by adulterated pet food and the failure of stores to quickly remove bad pet food.

"No pet owner should have to suffer the loss of their family pet while the companies that make, produce, and sell deadly pet foods get off scot-free."

The bill would allow pet owners to seek a wide range of compensation, including:

Replacement value of the animal at current dollar value

Veterinary expenses incurred in treating the animal

Burial or cremation expenses

Reimbursement of animal training expenses

Any unique or special value of the animal, such as when the injured or dead animal is a guide or service animal or a show animal

Loss of companionship up to $15,000

The Assemblyman said he first learned of the issue when reading a newspaper article that halted him in his tracks before he fed his miniature schnauzer, Ginger, a dish of Alpo that could have proven to be lethal.  The food was part of a batch of pet food that remained on store shelves weeks after being recalled. 

In early March, the U.S. Food and Drug Administration (FDA) announced that products manufactured by Menu Foods and Hill's Pet Nutrition contained contaminated wheat gluten - an ingredient used to build protein - in high concentrations it can be hazardous or lethal if consumed by dogs and cats.  Since then, several other companies, including Nestle Purina PetCare Co., and Del Monte Pet Products, have discovered products containing the contaminated gluten. 

The FDA has linked the chemical melamine, which is used to make kitchenware and other plastic products, to the tainted gluten.  Earlier last week, the New York State Food Laboratory had identified aminopterin - a cancer drug also used as rat poison - as the culprit, however the FDA has not been able to verify these findings.  Regardless of the source, consuming the contaminated gluten has proved deadly to a number of household pets.

"We must provide real deterrents and consequences for the companies that act irresponsibly by causing or contributing to the serious harm of our four-legged friends," said Cohen.

The bill allows a civil law suit to be brought against a retail seller who did not properly respond to a recall notice by immediately removing adulterated pet food from store shelves and taking all other appropriate action requested in the notice. 

The bill also would authorize local health authorities to seize and destroy any adulterated pet food held by a retail seller in order to prevent it from being sold.  The bill would provide for a two-year statute of limitations on the filing of a lawsuit.

The legislation was released 4 to 0 with one abstention.  It now heads to the Assembly Speaker who decides if and when to post it for a floor vote.

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