If you have purchased any of the Diamond Pet Food brands at a Costco in Canada, you may be entitled to compensation. Today it was announced that a settlement was reached in a class proceeding lawsuits that were initiated in Quebec and Ontario in relation to the below Products. These lawsuits alleged that the Products were contaminated with Salmonella, which if ingested by an animal can cause serious illness or even death in the most severe cases. The Defendants admit that they carried out a Voluntary Recall, but deny that the products in fact caused the illness or death of any animal in Canada. The court did not decide which side was right. Instead, the parties decided to settle, and the settlement was approved by the Court on February 5, 2016.
READ THIS NOTICE CAREFULLY AS IT MAY AFFECT YOUR RIGHTS.
THIS NOTICE IS ADDRESSED TO ALL CANADIANS WHO PURCHASED ONE OR MORE OF THE FOLLOWING PET FOOD PRODUCTS FROM COSTCO BEFORE SEPTEMBER 12, 2014:
- Apex Chicken and Rice Dog (20-lb and 40-lb bags; Production code ACD0101B32; Best By January 24, 2013)
- Canidae Dog Dry Dog Food, All Life Stages (All packages sizes; Best Before betweenDecember 9, 2012 through January 31, 2013; Production code must have the number “3” in the 9th digit AND the letter “X” in the 10th or 11th digit)
- Canidae Dog Dry Dog Food, Chicken Meal & Rice (All package sizes; Best Before between December 9, 2012 through January 31, 2013; Production code must have the number “3” in the 9th digit AND the letter “X” in the 10th or 11th digit)
- Canidae Dog Dry Dog Food, Lamb Meal & Rice (All packages sizes; Best Before between December 9, 2012 through January 31, 2013; Production code must have the number “3” in the 9th digit AND the letter “X” in the 10th or 11th digit)
- Canidae Dog Dry Dog Food, Canidae Platinum (All packages sizes; Best Before between December 9, 2012 through January 31, 2013; Production code must have the number “3” in the 9th digit AND the letter “X” in the 10th or 11th digit)
- Chicken Soup for the Pet Lover’s Soul (All package sizes and formulas; Best Before between December 9, 2012 and April 7, 2013; Production codes have a number “2” or “3” in the 9th digit and the letter “X” in the 10th or 11th digit)
- Country Value (All package sizes and formulas; Best Before between December 9, 2012 and April 7, 2013; Production codes have a number ”2″ or “3” in the 9th digit and the letter “X” in the 10th or 11th digit)
- Diamond (All package sizes and formulas; Best Before between December 9, 2012and April 7, 2013; Production codes have a number “2” or “3” in the 9th digit and the letter “X” in the 10th or 11th digit)
- Diamond Naturals (All package sizes and formulas; Best Before dates betweenDecember 9, 2012 and April 7, 2013; Production codes have a number “2” or “3” in the 9th digit and the letter “X” in the 10th or 11th digit)
- Diamond Naturals Small Breed Adult Dog Lamb & Rice Formula (Samples, 6-lb bags, 18-lb bags; Production Code DSL0801; Best Before 20-Oct-2012, 26-Aug-2012, 27-Sept-2012 and 18-Oct-2012)
- Kirkland Signature Super Premium Adult Dog Lamb, Rice & Vegetable Formula (Best Before December 9, 2012 through January 31, 2013; Production codes have a number “3” in the 10th digit and the letter “X” in the 11th digit)
- Kirkland Signature Super Premium Adult Dog Chicken, Rice & Vegetable Formula (Best Before December 9, 2012 through January 31, 2013; Production codes have a number “3” in the 10th digit and the letter “X” in the 11th digit)
- Kirkland Signature Super Premium Mature Dog Chicken, Rice & Egg Formula (Best Before December 9, 2012 through January 31, 2013; Production codes have a number “3” in the 10th digit and the letter “X” in the 11th digit)
- Kirkland Signature Super Premium Healthy Weight Dog Formulated with Chicken & Vegetables (Best Before December 9, 2012 through January 31, 2013; Production codes have a number “3” in the 10th digit and the letter “X” in the 11th digit)
- Kirkland Signature Nature’s Domain Salmon Meal & Sweet Potato Formula for Dogs (December 9, 2012 through January 31, 2013; Production codes have a number “3” in the 10th digit and the letter “X” in the 11th digit)
- Natural Balance Sweet Potato & Venison Dog (5 lb bag; Best By December 12, 2012;December 13, 2012; March 13, 2013)
- Natural Balance Sweet Potato & Venison Dog (15 lb bag; Best By December 12, 2012; December 13, 2012; December 14, 2012; March 5, 2013; March 6, 2013)
- Natural Balance Sweet Potato & Venison Dog (28lb bag; Best By December 12, 2012;December 13, 2012; December 14, 2012; March 5, 2013; March 6, 2013; March 7, 2013; March 8, 2013; March 12, 2013)
- Natural Balance Lamb Meal & Brown Rice Dog (5 lb, 15 lb, and 28lb bags; Best ByDecember 10, 2012; December 21, 2012; December 22, 2012)
- Natural Balance Sweet Potato & Bison Dog (5 lb bag; Best By December 17, 2012;December 18, 2012; December 28, 2012; December 29, 2012)
- Natural Balance Sweet Potato & Bison Dog (15 lb and 28 lb bags; Best By December 9, 2012; December 17, 2012; December 18, 2012; December 28, 2012; December 29, 2012);
- Natural Balance Vegetarian Dog (5lb bag; Best by December 9, 2012)
- Natural Balance Lamb Meal & Brown Rice Dog Large Breed Bites (28 lb bag; Best ByDecember 12, 2012; December 20, 2012; December 21, 2012)
- Natural Balance Lamb Meal & Brown Rice Dog Small Breed Bites (5 lb and 12.5 lb bags; Best By December 21, 2012)
- Premium Edge (All package sizes and formulas; Best Before between December 9, 2012 and April 7, 2013; Production codes have a number “2” or “3” in the 9th digit and the letter “X” in the 10th or 11th digit)
- Professional (All package sizes and formulas; Best Before dates between December 9, 2012 and April 7, 2013; Production codes have a number “2” or “3” in the 9th digit and the letter “X” in the 10th or 11th digit)
- 4Health (All package sizes and formulas; Best before dates between December 9, 2012 and April 7, 2013; Production codes have a number “2” or “3” in the 9th digit and the letter “X” in the 10th or 11th digit)
- Solid Gold WolfKing Large Breed Adult Dog Food (All sizes; Best Before December 30, 2012)
- Solid Gold WolfCub Large Breed Puppy Food (All sizes; Best Before December 30, 2012)
- Taste of the Wild (All package sizes and formulas; Best Before between December 9, 2012 and April 7, 2013; Production codes have a number “2” or “3” in the 9th digit and the letter “X” in the 10th or 11th digit)
- Wellness Complete Health Super5Mix Large Breed Puppy (15 lb and 30 lb bags and 5 oz. sample bags; Best Before January 9 2013 and January 11, 2013);
IF YOU DID PURCHASE ONE OR MORE OF THESE PRODUCTS AT COSTCO, YOU MAY BE ELIGIBLE FOR COMPENSATION UNDER A SETTLEMENT AGREEMENT APPROVED BY THE QUEBEC SUPERIOR COURT ON FEBRUARY 5, 2016.
WHAT DOES THIS SETTLEMENT PROVIDE?
If you purchased one or more of the Products and did not: i) return the Product(s) to Costco or otherwise exchange the Products and/or ii) sign a release in favour of the Defendants, you may be entitled to benefits under the Settlement Agreement.
A total settlement fund limited to a maximum of CDN $460,000 is intended to pay claims to eligible Class Members, the costs of the settlement notice, attorneys’ fees in the amount of$150,000 plus applicable taxes, an award to the representative Plaintiffs of $1,500 each, and the costs of settlement administration. Full details about the Settlement are on the website www.petfoodclaim.ca.
WHAT TYPE OF COMPENSATION CAN YOU RECEIVE?
Qualifying Class Members are divided into 2 groups, depending on whether or not their pet(s) got sick or died as a result of consuming the Product(s).
SUB-CLASS I
- Defendants will create a settlement fund limited to a total maximum of 35% of the net balance of the total settlement fund to pay claims from Sub-Class I. The Class Member, on submitting an eligible claim, shall receive one of the following:
- reimbursement for bags of Product actually purchased, up to a maximum equal to the retail value of 2 bags of Product per pet; OR, if the Sub-Class II Fund is insufficient to pay all eligible claims,
- a pro rata share of the Sub-Class II Fund.
SUB-CLASS II
- Defendants will create a settlement fund limited to a total maximum of 65% of the net balance of the total settlement fund to pay claims from Sub-Class II. The Class Member, on submitting an eligible claim, shall receive one of the following:
- reimbursement for bags of Product actually purchased, up to a maximum equal to the retail value of 2 bags of Product per pet, plus full reimbursement of the actual cost of veterinarian testing, care, and/or treatment of the pets in question, including the cost of medication, plus (but only where the pet died as a result of ingesting the Product) the fair market value of the pet; OR, if the Sub-Class II Fund is insufficient to pay all eligible claims
- a pro rata share of the Sub-Class II Fund.
Payments of benefits to Class members resident in Quebec are subject by law to a deduction to be paid to the Fonds d’aide aux recours collectifs.
HOW DO YOU ASK FOR A PAYMENT?
To receive money, eligible Class Members must submit a claim form and supporting documentation/information (if applicable) through the Settlement Website, by email, or by mail sent no later than June 6, 2016. The Claim Form is available on the Settlement Website at www.petfoodclaim.ca.
There will be no further notice of this Settlement Agreement.
WHAT ARE YOUR OPTIONS?
If you are a Class Member, you may (1) do nothing; (2) exclude yourself; or (3) send in a Claim Form. If you don’t want to be bound by the Settlement, you must exclude yourself. However, if you exclude yourself, you can’t get a payment, but you can sue the Defendants for these claims. If you stay in the Class, you may submit a Claim Form and/or object to the settlement.
WHAT ARE THE IMPORTANT DATES AND DEADLINES?
Now that the Settlement has been approved by the Court, it will be binding on all Class Members except those who opt out before the deadline.
If you wish to opt out, you must no later than April 5, 2016: i) complete and submit by mail the Opt Out Form; ii) the Opt Out Form is available on the Settlement Website at www.petfoodclaim.ca. Class Members who want to opt out and who are residents ofQuebec must IN ADDITION give written notice to the Clerk of the Superior Court of Quebec.
WHEN SHOULD YOU MAKE A CLAIM?
You may begin making a claim right away.
WHEN DO YOU GET PAID?
Cheques will only begin to be mailed to eligible Class Members for Compensation at the earliest starting on June 6, 2016.
HOW CAN YOU GET MORE INFORMATION?
A complete copy of the Settlement Agreement and detailed information on how to obtain or file a Claim are available on the Settlement Website at www.petfoodclaim.ca. To obtain a paper copy or for any other information, please communicate with Class Counsel at the phone numbers below.
WHO REPRESENTS YOU?
The Class Counsel, or law firm representing the petitioner, is the following:
Jeff Orenstein
Consumer Law Group Inc.
1030 Berri St., Suite 102
Montreal, Quebec, H2L 4C3
Telephone: 1-888-909-7863
514-266-7863 | 416-479-4493 | 613- 627-4894
Email: jorenstein@clg.org
Website: www.clg.org
If there is a conflict between the provisions of this Notice and the Settlement Agreement and any of its Appendices, the terms of the Settlement Agreement shall prevail.
This notice has been approved by the Superior Court of Quebec.
