Pet food recall: Menu sues ChemNutra - and yes, there ' s another recall

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Looks like Menu is placing the blame for the contamination of pet food that led to the massive ongoing pet food recall squarely on ChemNutra, the company that sold the pet food manufacturer wheat gluten contaminated with melamine.

And the Canadian company is doing it the American way: with a lawsuit.

From the Emporia Gazette, in Emporia, KS, where the plant that received the contaminated ingredient is located:

“Menu Foods prides itself on providing customers with wet pet food products made with high quality ingredients,” the company’s attorneys stated in the court petition, filed in Lyon County District Court. “In 2006, ChemNutra promised Menu Foods that it could supply one such high quality ingredient, wheat gluten to Menu Foods. ChemNutra breached its promise.”

The gluten came to ChemNutra from a Chinese supplier.

At Congressional hearings earlier this week, Menu Foods President Paul Henderson said the gluten may have been spiked as part of a fraud. Melamine is high in nitrogen, he said, and could make wheat gluten appear to be high in protein.

“What this appears to be is a case of deliberate contamination of wheat gluten in order to pass off substandard product,” Henderson told a U.S. House committee. “For a seller who knows how industry testing methods work, this would allow them to cheat the buyers.”

ChemNutra Chief Executive Officer Steve Miller, in a letter on the company’s Web site, said he feared his own company had been “the victim of deliberate and mercenary contamination” as well. He said the Chinese company that sold the gluten had been recommended to ChemNutra by a reliable source.

“We assure you that we will never again do business with the supplier of the suspect wheat gluten, XuZhou Anying Biologic Technology Development Co., Ltd.,” Miller wrote. “...We hope that U.S. and Chinese investigations of XuZhou Anying reveal what actually occurred.”

In the lawsuit, Menu Foods asks for a judgment “substantially in excess of $75,000.” It also asks that ChemNutra indemnify Menu against all costs associated with the recall and any lawsuits pressed against Menu as a result of the recall, along with any other damages the court chooses to assign.

Full story here. Here's the AP version

UPDATE: So far unconfirmed, but from a flood of email from readers, there may be another recall - Therese from thepetfoodlist.com and I are digging into it now.

UPDATE 2: I found it on the PetSmart press center website. It is an extended list of recalled products carried by PetSmart, that includes several Blue Buffalo foods, dated as having been added today.

These products are NOT referenced on Blue Buffalo's own website, which still states that only its one run of one kitten food was affected by the recall.

Update 3:Itchmo just got a press release from Blue Buffalo, which he has reproduced in its entirety here. Excerpt:

We at the Blue Buffalo Company have just learned that American Nutrition Inc. (ANI), the manufacturer of all our cans and biscuits, has been adding rice protein concentrate to our can formulas without our knowledge and without our approval. This is product tampering, and it apparently has been going on for some time. The can formulas that we developed, and trusted them to produce, never contained any rice protein concentrate. It appears that only an FDA investigation of ANI’s rice protein concentrate supplies forced them to reveal this product tampering to us.

While this activity by ANI is in itself unlawful, the situation is further clouded by the fact that ANI has been receiving rice protein concentrate from Wilber-Ellis, some of which the FDA has determined to be contaminated with melamine.

So while no BLUE or Spa Select canned product has tested positive for the presence of melamine, and there has been no reported illness due to any of our canned products, we simply cannot be sure of what ANI has been including in our formulas. For this reason, we have decided to remove all of our canned and biscuit products from retail distribution. While this may seem to many to be a major over-reaction, as other ANI customers will probably only recall the products that tested positive for melamine, we see this as a matter of integrity.

Update 4:And forwarded from itchmo, a press release from ChemNutra - seems the FDA searched ChemNutra's office today. And since Menu's suing ChemNutra, ChemNutra is doing some finger pointing of its own:

Steve Miller, Chief Executive Officer of ChemNutra, said “We have cooperated and complied fully with FDA investigators both prior to and since being served with today’s search warrant, and will continue to do so. We keep very good records which has made it relatively easy for the investigators to retrieve what they needed.” He added that, “We also now believe that our wheat gluten customer, Menu Foods, used significantly more wheat gluten monthly than we supplied to them, so we hope that Menu Foods will disclose its other sources to the FDA to ensure that any suspect product is quarantined.

“We placed our wheat gluten in quarantine as soon as Menu Foods informed us that it might have contributed to pet illnesses about which Menu Foods had apparently been aware for some time. We can only hope that Menu Foods has taken steps to ensure that this situation will not be allowed to spread even farther because of its inaction.”

Full thing over here.

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Comments

[straybaby]

"“ChemNutra knew that Menu Foods was relying on ChemNutra’s skill and judgment to supply high-quality wheat gluten,'’ the lawsuit said."



and there's a bridge in brooklyn for sale . . .

[Kim]

Anyone have a link for the Blue Buffalo info? I'm not seeing it anywhere... thanks...

[Dennis]

Ditto for his wife to.

[Kim]

Or a source for the Blue Buffalo info?

[Christie Keith]

I pulled it until Therese and I can confirm it. I have a link but I can't figure out where the heck it's from.

[Jeanette/Ohio]

Obviously, ChemNutra shares the liability; however, Menu Foods is a lot more guilty.



Menu Foods delayed the recall. They failed to test their products. They ignored the reports of pets becoming ill or dying after eating their product. They contined to operate after the death of their own test animals. An officer sold 45% of his stock before issuing the recall.



The recall was issued only after IAMS tested their product and threatened to do the recall themselves.



THE MENU FOODS PEOPLE BELONG IN JAIL.

[PJ]

Chicken Soup is recalling canned food!!!



http://www.chickensoupforthepetloverssoul.com/

[Gracie]

Kim, What Blue Bug info are you looking for?

[Kat]

Here's ChemNutra's timeline:



http://www.chemnutra.com/ChemNutra%20Timeline.pdf



Well, anyone with TWELVE YEARS in the industry knows what they're doing. And, she probably did....

[Carole]

What Blue Buffalo info?

[straybaby]

Jeanette,



I totally agree. 15000 and rising counts of felony animal cruelty.

[Kat]

This is just spiralling out of control!



Thanks FDA!

[Kat]

So many products now that HAD been deamed SAFE!



!!!NOT!!!



Nothing is to be trusted anymore. If it isn't WHOLE -- beware!!



Even if it IS WHOLE -- beware!!

[Kim]

Christie - I can help you guys track it down if you want, email it to me if you want. :-)

[Christie Keith]

Kim - I'm taking my dog out, he's dancing at the door. I'll email you in a few minutes!

[JAG]

I work at a popular pet food store and am privy to information prior to official announcements. We were told to pull a bunch of Blue Buffalo products off the shelf before opening tomorrow due to additional recall. I emailed Petconnection with all of the products but they said they have to verify before thay can post. I am not sure how thay will be able to verify. the official news will probably come out tomorrow but I wanted to get the word out there asap.



I am sorry if there are any spelling or grammer errors it's late and I've been crying because I just fed my dogs and have been feeding my dogs the food that is now recalled. I really thought Blue Buffalo was a safe choice. The canned food has such great ingredients listed. Who can we trust? I will start making my own food tomorrow.

[Kim]

Petsmart has pulled quite a few products that weren't recalled in the past 6 weeks, this might be more of that... ?

[Kim]

Per the Petsmart website



Update as of April 26, 2007

Blue Buffalo extended its recall to include wet dog and cat food and some dog biscuit products upon finding that potentially contaminated rice protein concentrate (rice gluten) was used in the production of these products. According to the company, no Blue Buffalo or Spa Select canned products have tested positive for the presence of melamine. However, they've decided to remove all of their canned and biscuit products from retail distribution. The expanded recall affects 17 Blue Buffalo products carried at PetSmart. We've pulled these products from our store shelves regardless of production dates. Here's the complete list of products carried by PetSmart that are part of the recall, which includes the updated information.

[Robin]

Didn't Blue Buffalo's attorney send some threatening letter out to Howl or Itchmo, a few weeks back?

[Kat]

Here's an article about Chenango Valley Pet Foods Recall.



This is Doctor's Foster & Smith's

Lick Your chops

SmartPak.



These are already ones we know about.



Chenango Valley Pet Foods issues nationwide recall



By THE ASSOCIATED PRESS



April 27, 2007 6:00 AM



SHERBURNE, N.Y. — Chenango Valley Pet Foods has begun voluntarily recalling pet foods manufactured with a certain shipment of rice protein concentrate, the company said Thursday.



The company, working with the U.S. Food and Drug Administration, was informed by Wilbur-Ellis that rice protein concentrate shipped to Chenango Valley Pet Foods may be contaminated with melamine. Melamine, an industrial chemical used to make plastics and fertilizers, may lead to illness or fatalities in animals if consumed.



http://www.southcoasttoday.com/apps/pbcs.dll/article?AID=/20070427/NEWS/704270375

[Carole]

Even though they are pulling everything, can we get some specific info to identify whether we have fed our animals any of this wet food?



Knowing this might help calm a lot of fears.

[Carole]

My comment was in reference to Blue Buffalo info.

[SL]

Keep Questioning Everything!!!!!



The FDA may never know how many pets have died and become ill from this DISASTER?



If they are not intending to investigate the calls they get from pet owners and veterinarians, how are we going to know the extent of deaths and illnesses from tainted pet food?



This is OUTRAGEOUSLY UNACCEPTABLE!!!!!!!!!!!!!!



We need Congress to intervene to change it.



Don't forget to send your postcards.



And with the contaminated hogs (possibly chickens and I wouln't rule out cattle), what is the role of the USDA in all of this?



I thought that pets were the lowest form on the AAFCO foodchain, how did leftovers from pet food companies end up in pig feed?



I want to get the information accurate.



Like I said before, KEEP ASKING QUESTIONS!!!!!

Ask questions of the FDA, USDA, members of Congress, the President, the Pet Food Companies, the media, and anyone else in the chain.



We deserve to know!!!!!

[Gracie]

Robin, Here's the link to Blue Buf's nasty threat to Howl911.com about 3 weeks ago. Itchmo posted it:



http://tinyurl.com/2puun6

[JAG]

Blue Buffalo announced Thursday night it's voluntarily recalling 17

additional SKUs.





UPC BLUE BUFFALO CANNED CAT Size

859610000586 HAIRBALL SPA SELECT CAN CAT FOOD 3OZ 3 OZ

859610000616 KITTEN SPA SELECT CAN CAT FOOD 3 OZ 3 OZ

859610000548 LITE CHICKEN SPA SELECT CAN CAT FOOD 3 OZ 3 OZ

859610000500 SALMON SPA SELECT CAN CAT FOOD 3 OZ 3 OZ

859610000654 TUNA SPA SELECT CAN CAT FOOD 3 OZ 3 OZ

859610000678 TURKEY & CHK SPA SELECT CAN CAT FD 3 OZ 3 OZ



UPC BLUE BUFFALO CANNED DOG Size

859610000708 CHICKEN & BROWN RICE DINNER W/GARDEN VEGETABLES 12.5 OZ

859610000760 SALMON DINNER W/ASPARAGUS & SWEET POTATOES 12.5 OZ

859610000722 LAMB & BROWN RICE DINNER W/GARDEN VEGETABLES 12.5 OZ

859610000746 BEEF SIRLOIN DINNER W/FRESH CARROTS & GARDEN PEAS 12.5 OZ

859610001026 HEARTY VENISON DINNER W/SWEET POTATOES & GARDEN VEG 12.5 OZ

859610001040 TURKEY MEATLOAF DINNER W/CARROTS & IDAHO POTATOES 12.5 OZ



UPC BLUE BUFFALO HEALTH BARS (DOG) Size

859610000104 BACON, EGG AND CHEESE 20 OZ

859610000463 CHICKEN LIVER CRUNCH 20 OZ

859610000128 NATURAL CHEDDAR CHEESE (Discontinued) 20 OZ

859610000081 NATURAL PEANUT BUTTER 20 OZ

85961000048 APPLE & YOGURT 20 OZ

[JAG]

For a recorded message concerning the recent recall, call Blue Buffalo 1-800-919-2833

[Carol]

Any news on Blue Buff yet?

[Laura]

Okay, BIG props to the folks last night who were predicting Chicken Soup as the next to go.



So who's next?



If it helps (who knows), I had mega-bloodwork done yesterday on one of my cats, who's been eating Hill's dry k/d till 10/06, then Hill's science Diet Hairball light (dry) plus a little extra Blue Seal (By Nature Organics Chicken) thrown in.



Her kidneys are 100% okay. The rest, not so much - she has heartworm, which is a BIG problem we're trying to figure out how to deal with - but as far as the food goes, all seems okay. And we buy food frequently, so if there were a problem with those, she'd be a good indicator.



So I'm guessing it isn't Hill's or Blue Seal.

[Kat]

HOLY BALONEY The USDA SEARCHED CHEMNUTRA!



http://biz.yahoo.com/iw/070427/0244959.html



OTHER SOURCES????? WHAT?????

-------------



Press Release Source: ChemNutra



ChemNutra Offices Searched by FDA



Friday April 27, 12:29 am ET



LAS VEGAS, NV--(MARKET WIRE)--Apr 27, 2007 -- The U.S. Food & Drug Administration (FDA) today conducted a search of ChemNutra's offices in Las Vegas, NV, as part of a misdemeanor investigation into whether the Federal Food, Drug & Cosmetic Act has been violated.



ChemNutra's officers have been informed that, under the legal doctrine of "strict liability," the company could be held accountable because it imported the melamine-adulterated wheat gluten that is one reason for the current pet food recalls, even though the company had no prior knowledge, or reason to believe, that its Chinese supplier had put melamine in the product.



Steve Miller, Chief Executive Officer of ChemNutra, said, "We have cooperated and complied fully with FDA investigators both prior to and since being served with today's search warrant, and will continue to do so. We keep very good records, which has made it relatively easy for the investigators to retrieve what they needed." He added that, "We also now believe that our wheat gluten customer, Menu Foods, used significantly more wheat gluten monthly than we supplied to them, so we hope that Menu Foods will disclose its other sources to the FDA to ensure that any suspect product is quarantined.



"We placed our wheat gluten in quarantine as soon as Menu Foods informed us that it might have contributed to pet illnesses about which Menu Foods had apparently been aware for some time. We can only hope that Menu Foods has taken steps to ensure that this situation will not be allowed to spread even farther because of its inaction."

[Carole]

So these three companies whose food should not even contain rice protein need to stomp on someone at American Nutrition.



Substituting an ingredient like that is just plain underhanded and makes me mad on so many levels.



There is nothing American Nutrition can possibly say in their defense.

[Kat]

The time to have done THAT would have been 3rd week in Feb??

[Kat]

Comment by Robin — April 26, 2007 @ 10:37 pm



Their attorney wrote a real nasty-gram. He had it posted.

[Carole]

Wow, Menu and ChemNutra duke it out.



Two things of interest...



If ChemNutra has fully complied, then why the need for a search warrant? Or was that just a formality to cover the FDA's butt.



And now there is suggestion by ChemNutra of additional contaminated wheat gluten that did not come from them?



What a farce this is.



I'm speechless...

[Laura]

One more thing -



THANKS to Gina, Christi, and the whole crew here at PC.



Your posts yesterday intrigued me enough to look into Dr. Jim Martin's work at Cornell on feline heartworms. And that prodded me to ask for a heartworm screening for my cat later yesterday morning when I had a checkup appt. for her.



Long story short, she has heartworm. BAD deal. But it seems as though we may have caught it early, which increases her chances of surviving it. I would NEVER have thought to ask for the test if I hadn't read your post here, and my vet didn't suggest it, either, since my cat is a strictly indoor cat.

(Imagine my horrified surprise to learn that more than a quarter of cat heartworm cases are in kitties who never go outside. :( It's nowhere near as rare as I thought.)



Anyway, this is a roundabout way of saying thanks for all the work you do here. I don't know if my cat will survive - but I know her odds would have been worse if it hadn't been for this site. I can't tell you how thankful I am for that.

[Amy Boda]

I still say the 9 lives wet food had/has a problem. Can't say what for sure, but something just wasn't right with it about 2 1/2 months ago. Haven't used it since.

[Kat]

HUH??? "as part of a misdemeanor investigation"



How about criminal charges?? WHAT ABOUT THE WIFE?? THE 12 YR EXPERT IN CHINA RELATIONS?? QA Manager/MBA in Food Engineering??



DING-DONG! WAKE UP!

[straybaby]

heh,



the FDA will be receiving an email from me re: ChemNutra tomorrow. i doubt they are as innocent as they would like all to beleive. if so, why did they change their website atleast 2x's after their name was released? love archives and screen shots ;)

[Carole]

Wow, that release from Blue Buffalo didn't play around, did it?



Kudos to them for calling it as they see it...product tampering.



And for pulling their entire canned food and biscuit line regardless of the financial impact it will have on them.



And for pulling their busines with American Nutrition.



About time someone put their money where their mouth is, took control of their situation, and said what needed to be said.

[Gracie]

This scandal is growing more huge every day...



Christie is going to end up with a Pulitzer prize before this is all over. Keep on it, girl. We are depending on you. Thanks for the bang-up job.

[Kat]

Utah has THREE HOG FARMS testing for melamine:



http://www.sltrib.com/Search//ci_5749043

[Kathi]

Rut-Roh Stevie

[Kathi]

And the gluten thickens.....

[Carole]

Stevie?

[Kathi]

I do believe at the beginning, I said I'm putting my money on the lawyer.

[Kathi]

RUT-ROH.......Stevie??????? Sniff..sniff...

Ruh?

[Carole]

AMERICAN NUTRITION AND ITS PRODUCTS ARE NOT INCLUDED IN THE RECENT NATIONWIDE

PET FOOD RECALL!



What are the odds that ANI put this contaminated crap in their own pet foods?

[Lynn]

My comment in the Sun Sentinel:



"To put it bluntly, I am glad that this is being written about. However, when, when WHEN, is the news media going to get the count right. The "16" reported in the article above represents the number of ANIMAL SPECIMENS THE FDA EXAMINED. They stopped examining at that point and started chasing the imports. There are quite likely in excess of 4,000 dead animals and probably another 10,000 sick animals, to be on the conservative side. PLEASE, news media - if you're going to report 16, at least clarify that the FDA stopped examining at this point."

[Kathi]

So where is the mysterious Ms Q?

[Kathi]

S-h-a-k-e-d-o-w-n, S-h-a-k-e-d-o-w-n.

[Maureen (Lilly and Lucy's mom)]

A couple of new questions are in the FAQ's on the Purina site:

Recall FAQs

Updated FAQs – April 26, 2007



Do you use rye or barley gluten meal?



No.



Do you use whey protein isolate?



No.



So I'm guessing besides what we're already seeing recalls for these "new" glutens may be suspect in pet foods. They are also answering that all their corn gluten doesn't come from China and has been tested.