A New York resident has filed a putative class action in a California federal court seeking to recover damages allegedly sustained by pet owners whose dogs became sick after eating “Chinese Chicken Jerky.” Langone v. Del Monte Corp., No. 12-4671 (U.S. Dist. Ct., N.D. Cal., San Francisco Div., filed September 6, 2012). The plaintiff cites and quotes a number of items published on the Internet purportedly showing that the Food and Drug Administration had been warning, at least since 2007, that chicken jerky products could pose a threat to dogs. “Notwithstanding these warnings,” he claims, “Del Monte continued to market the product as being wholesome and Del Monte placed no warnings concerning their products on their packaging to date.”
Seeking to represent a nationwide class of product purchasers, the plaintiff alleges violations of California’s Unfair Competition Law and False Advertising Law and breach of express warranty and implied warranty of merchantability under the Magnuson-Moss Warranty Act. He seeks an order enjoining the marketing of these products as “wholesome” or “healthy,” a corrective advertising campaign, disgorgement, destruction of all packaged “Chinese Chicken Jerky” products lacking warning labels, restitution, costs, veterinary charges, expenses, and reasonable attorney’s fees.