Pet Food Class Action Lawsuit Filed Over Aflatoxin Poisonings Linked to Recalled Sportmix, Pro Pac and Other Products

A class action lawsuit has been filed against the manufacturer of several recalled pet food products sold in recent months, after dozens of serious illnesses and dog deaths were linked to aflatoxin poisonings, alleging the company misrepresented that the food was safe.

The complaint (PDF) was filed by Tammy Johnson in the U.S. District Court of Indiana on January 15, after more than 70 cases of dog food poisoning were linked to Sportmix, Pro Pac and other popular brands sold by Midwestern Pet Foods, Inc.

According to allegations in the lawsuit, the manufacturer failed to disclose, and actively concealed, information about the risk that the pet food was contaminated with aflatoxins, which are toxins produced by the mold Aspergillus flavus.

Johnson, who owns seven dogs, claims she purchased two brand lines of Sportmix dog food for her pets over a period of about two years. Earlier this month, she began to notice health problems arising in several of her dogs, including vomiting and diarrhea. Johnson alleges one of her dogs was diagnosed with colitis, requiring prescription medications and future testing for liver damage as a result of exposure to aflatoxins.

The lawsuit seeks class action status to pursue damages for Johnson and other similarly situated consumers who purchased the recalled pet food, including out-of-pocket expenses for veterinarian visits, treatments and required future follow up appointments.

Aflatoxins can grow on grains, corn and other natural ingredients used in pet foods. If animals are overexposed to aflatoxins they may experience symptoms including sluggishness, loss of appetite, vomiting, jaundice, and may suffer long-term liver issues which could result in death.

Midwestern Pet Foods issued the first dog and cat food recall on December 30, 2020, after the Missouri Department of Agriculture performed a series of random sample testing, which discovered very high levels of aflatoxin in certain Sportmix Energy Plus, Sportmix Premium High Energy and Sportmix Original Cat foods.

Another Midwestern pet food recall was issued on January 11, indicating at least 70 animal deaths and 80 illnesses were linked to products produced at the company’s Chickasha Operations Facility. As a result of the increasing number of pet deaths and illnesses reported, the manufacturer expanded the recall to include all Sportmix brands, as well as Pro Pac Adult Mini Chunk, Pro Pac Performance Puppy, Splash Fat Cat 32%, and Nunn Better Maintenance brands.

The recalled pet food products were distributed nationally to online distributors and retail stores, who have since been instructed to pull all recalled lots from their inventory and shelves, and to not sell or donate any remaining recalled products.

Officials are encouraging pet owners to destroy the products in a way that pets and wildlife cannot access them and to sanitize all pet food bowls, cups, and storage containers the recalled products may have contacted.

Those who have fed the recalled products to their pets are being encouraged to watch for symptoms of aflatoxin poisoning and to contact their veterinarian immediately. Veterinarians and pet owners are being instructed to report all related cases through the FDA’s Safety Reporting Portal.