California Firm Files Recall-Related Lawsuit
In a first-of-its-kind legal action against a China-based company, the law firm of Audet & Partners L.L.P. (San Francisco) in August filed a class-action lawsuit against Binzhou Futian Biological Technology Co. Ltd. in California State Superior Court seeking damages and other relief arising from injuries to owners whose dogs and cats became sick or died from ingesting melamine during this spring’s massive pet food recall.
As alleged in the complaint, the named plaintiff’s cat died due to complications associated with melamine poisoning from pet food.
The complaint asserts class-wide claims against Binzhou Futian Biological Technology, a company that imported melamine-tainted ingredients into the United States, under the provision of the Law of the People’s Republic of China on the Protection of Rights and Interests of Consumers and under the Consumer Protection provisions of the law of the State of California.
As a separate cause of action against the Chinese-based company, the complaint asserts a claim based on law adopted Oct. 31, 1993, by the Fourth Session of the Standing Committee of the Eighth National People’s Congress.
“While the claim may be the first of its kind, our client’s ability to obtain relief is consistent with well-established law in the United States,” said William M. Audet, managing partner of the law firm.
“It’s time to hold all companies, regardless of the location of the business, financially and legally accountable for distributing toxic materials into the United States stream of commerce,” he continued. “Our firm’s legal research has revealed that the law in the People’s Republic of China actually provides for potential liability for distributing ‘impure or fake materials’ in products such as dog and cat food. We intend to argue that the China-based company is liable under both California law and applicable Chinese law.” [October 2007 PET AGE]
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