Two dog owners filed a class action lawsuit Pet Food in Mid America following a series of recalls by the pet food manufacturer due to the potential Salmonella contamination of various dog, cat and other pet foods. The case noted that family members became ill after caring for one of the sick dogs. Both dogs cited in the lawsuit were euthanized due to their illness. The case was filed in the United States District Court for the Eastern District of Texas in the Texarkana division.
The plaintiffs’ attorneys stated in court documents that Mid America marketed and advertised the pets as suitable or appropriate for animals. The company represents that the pet foods provide targeted nutrition, and/or guarantees the products for taste and nutrition. The lawyers alleged that Mid America’s marketing and advertising was false, misleading, and deceptive to reasonable consumers because the pet foods were contaminated with Salmonella, and thus were not advertised, represented or guaranteed.
Pet Food in Mid America was acquired by TA Associates (TA), a US-based private equity firm, from Trinity Hunt Partners in 2020. Founded in 2007, Mid America Pet Food offers superpremium pet food and is known for its VICTOR. VICTOR is sold primarily in farm and feed stores and independent pet stores nationwide, as well as through select online retailers. Based in East Texas, VICTOR makes all kibble in-house while sourcing many ingredients from farms and suppliers within a day’s drive of the plant.
Circumstances leading to class action lawsuit against pet food company
In a scenario detailed in court filings, plaintiff Courtney Andersen purchased at least five servings of Member’s Mark dog foods from Sam’s Club between March 27, 2022 and October 16, 2023. Andersen fed the products to his dog, Spike. He said Spike was healthy before consuming the dog foods. However, after eating Mid America dog foods, Spike began experiencing nausea, vomiting and vomiting blood. On November 15, 2023, Andersen took Spike to his veterinarian, who was advised to euthanize the dog. According to the vet, Spike’s symptoms were consistent Salmonella infection.
Another plaintiff, Lisa Burmeister made at least nine purchases of Mid America’s Victor Super Premium Dog Food from Amazon.com between November 14, 2022 and October 6, 2023. She purchased the brand through of automated delivery from Amazon.com last time two years and three years before that from other retailers. Burmeister fed the dog food to his five-year-old mastiff, Rain Mae, who he then claimed was a healthy dog. In mid-October 2023, after eating dog food, Rain Mae began experiencing discomfort, breathing issues, diarrhea, shaky legs, dizziness and weight loss. Burmeister took Rain Mae to her vet, who ordered lab work to come back irregularly. The vet asked Burmeister if it was possible that Rain Mae had ingested something toxic. Because Rain Mae had been eating Victor Super Premium Dog Food – Select Beef Meal & Brown Rice Formula for the past five years, Burmeister contacted Victor Pet Food about the situation.
“In response to his inquiry, Defendant called Plaintiff Burmeister and left a voicemail but did not provide any information about Salmonella or a recall or a potential recall,” attorneys for the plaintiffs wrote in court documents.
Burmeister’s wife and daughter left work to care for the sick dog. Rain Mae eventually lost her ability to walk, lost her appetite and required four different vet visits before she was euthanized. It was only after Rain Mae passed away that Burmeister received a recall notice from Amazon.
“Notably, both plaintiff Burmeister and her son — the two people who fed Rain Mae — became ill at the same time that Rain Mae became ill,” the attorneys wrote. “Their symptoms included abdominal pain and burning and loss of appetite. Although plaintiff Burmeister’s son’s symptoms subsided, plaintiff Burmeister continued to experience them and was referred to a gastroenterologist”
7 Salmonella infections, 6 children, associated with Mid America recall
In late 2023, the US Food and Drug Administration, in collaboration with the US Centers for Disease Control (CDC) and state partners, began investigating seven human cases of Salmonella Kiambu infection possibly linked to pet food produced by Pet Food in Mid America of Mount Pleasant, Texas. The CDC reported that, as of November 1, 2023, seven people were infected with the strain of Salmonella have been reported from seven states (see map). Six of the seven cases reported were in children one year of age or younger. Five of these cases reported exposure to dogs and three reported feeding Victor’s pet food to their pets. The illnesses began on dates from January 14, 2023, to August 19, 2023 (see timeline). One person was hospitalized, but no deaths were reported.
Pet Food in Mid America voluntarily recalled all brands of pet food it produced with a best before date of 10/31/2024, which include Victor, Eagle Mountain, Wayne Feeds and two types of Member’s Mark pet foods. These products include both dog and cat food and are sold nationwide in retail stores and online.
This recall expands on the company’s previous recalls on September 3, 2023 and October 30, 2023.
A retail sample of Victor brand Hi-Pro Plus dry dog food collected by the South Carolina State Department of Agriculture and tested by the South Carolina Department of Health and Environmental Control matched the strain of Salmonella found in seven sick people.
35 dog, cat food in Pet Food in Mid America concern
Pet Food in Mid America of Mount Pleasant, Texas has expanded its voluntary recall on October 30, 2023 to include additional pet food products with Best By Dates before 10/31/24, manufactured at its Mount Pleasant facility, due to potential of the products to be contaminated by Salmonella, according to the US Food and Drug Administration. This extended voluntary recall is being issued due to some of the product lots testing positive Salmonella through random and targeted sampling of the finished product, including the company and the South Carolina Department of Agriculture
As of November 1, 2023, seven people reported Salmonella infections.
Voluntarily recalled brands manufactured at the Mount Pleasant facility include: Victor Super Premium Dog Foods, Wayne Feeds Dog Food, Eagle Mountain Pet Food, and some member’s Mark varieties with Best By Dates before 10/31 /24. The recalled products were distributed to distributors and retailers throughout the United States. Affected products include:
Dog Foods
1. Victor Super Premium Dog Food, Select Beef Meal and Brown Rice Formula
2. Victor Super Premium Dog Food, Select Chicken Meal and Brown Rice Formula
3. Victor Super Premium Dog Food, Select Lamb Meal and Brown Rice Formula
4. Victor Super Premium Dog Food, Select Ocean Fish Formula
5. Victor Super Premium Dog Food, Select Grain Free Chicken Meal and Sweet Potato Recipe
6. Victor Super Premium Dog Food, Select Grain Free Lamb Meal and Sweet Potato Recipe
7. Victor Super Premium Dog Food, Select Grain Free Yukon River Canine
8. Victor Super Premium Dog Food, Purpose Grain Free Active Dog & Puppy
9. Victor Super Premium Dog Food, Purpose Grain Free Hero Canine
10. Victor Super Premium Dog Food, Purpose Grain Free Ultra Pro
11. Victor Super Premium Dog Food, Performance Purpose
12. Victor Super Premium Dog Food, Purpose Nutra Pro
13. Victor Super Premium Dog Food, Purpose Senior Healthy Weight
14. Victor Super Premium Dog Food, Classic Elite Canine
15. Victor Super Premium Dog Food, Classic High Energy
16. Victor Super Premium Dog Food, Classic Hi-Pro Plus
17. Victor Super Premium Dog Food, Classic MultiPro
18. Victor Super Premium Dog Food, Classic Professional
19. Victor Super Premium Dog Food, Realtree Edge Energy
20. Victor Super Premium Dog Food, Realtree Max-5 Pro
21. Wayne feeds Dog Food, High Energy
22. Wayne Feeds the Dog Food, Original
23. Wayne fed Dog Food, Protein Plus
24. Wayne fed Gold Dog Food, Sport Protein
25. Wayne Fed Gold Dog Food, Joint Support
26. Wayne fed Gold Dog Food, Puppy Plus
27. Eagle Mountain Pet Food Pro Balance, Dog Food
28. Member’s Mark Recipe, Beef & Brown Rice, Dog Food
29. Member’s Mark Recipe, Salmon and Sweet Potato, Dog Food
Cat Foods
30. Victor Super Premium Cat Food, Hi-Pro Plus Active Cat & Kitten
31. Victor Super Premium Cat Food, Grain Free Fit Feline Indoor Cat
32. Victor Super Premium Cat Food, Grain Free Healthy Skin & Coat Indoor Cat
33. Victor Super Premium Cat Food, Mers Feline
34. Wayne feeds Gold Cat Food, Ranch and Sea Recipes
35. Wayne Feeds Cat Food, Barn Cat Plus
For a list of all UPCs and bag sizes, follow this link: Dog and Cat Food Lists
Effects of Salmonella contamination in pet food
Salmonella can affect animals that eat the products, and there is a risk to humans from handling contaminated pet products, especially if they do not thoroughly wash their hands after contact with the products or any surfaces that exposed to these products. Healthy people infected with Salmonella should monitor themselves for some or all of the following symptoms: nausea, vomiting, diarrhea or bloody diarrhea, abdominal pain and fever. rare, Salmonella can result in more serious illnesses, including arterial infections, endocarditis, arthritis, muscle pain, eye irritation, and urinary tract symptoms. Consumers who exhibit these signs after coming into contact with this product should contact their health care providers. Children, the elderly, and individuals with compromised immune systems may be at greater risk Salmonella infection.
Pets with Salmonella infections can be lethargic and have diarrhea or bloody diarrhea, fever, and vomiting. Some pets may exhibit only a loss of appetite, fever, and abdominal pain. Infected but healthy pets can become carriers and infect other animals or people. If your pet has consumed the recalled product and has these symptoms, please contact your veterinarian.
