New Jersey Considers Bill Allowing People to Sue Pet Food Makers and Sellers
New Jersey retailers could be held accountable if they fail to immediately remove contaminated pet foods from their shelves after receiving appropriate notice under a proposed law passed by the Assembly Agriculture and Natural Resources Committee in May.
Assembly Bill 4217 would allow pet owners to sue not only for economic losses, but also for loss of companionship if their pet gets sick or dies as a result of eating contaminated pet food.
According to published news reports, the bill’s author said the measure would allow the law to recognize that pets are more than just property to their owners.
If the bill passes the full Assembly, New Jersey would become one of only a few states in the nation to allow such lawsuits, according to the Animal Legal Defense Fund (Cotati, Calif.).
The Pet Food Institute opposes the bill because it places a different quality standard on pet food than the current New Jersey commerce feed law.
The bill provides that the owner of a domestic companion animal that becomes ill, is injured or dies from ingesting or coming into contact with contaminated food may bring a suit for civil damages against the manufacturer, producer and distributor of the food, or any other person who caused or contributed to causing the contamination or who had a duty to prevent the illness, injury or death via the food. The bill’s definition of “pet food” includes treats, snacks, biscuits and rawhide.
Retailers would not be liable unless they failed to properly respond to a recall notice, or unless they knew, or should have known, that the pet food was contaminated, or caused or contributed to causing the contamination.
The bill also authorizes a local health agency to seize and destroy any brand of pet food held by a retail seller that is on a state or federal recall list in order to prevent it from being sold or offered for sale.
The bill provides for a two-year statute of limitations on the filing of a lawsuit.
Approximately 50 class action lawsuits have been brought against Canadian-based Menu Food Inc. since the recall began in March. [July 2007 PET AGE]
PERMITTED CLAIMS UNDER N.J. BILL
Allowable damages under Assembly Bill 4217 may include but need not be limited to:
- The original purchase price of the animal, or the current cost to replace the animal, whichever is greater.
- 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 it is a guide or service animal or a show animal.
- Loss of companionship, provided that the damages awarded for loss of companionship do not exceed $15,000.
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