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Author Topic: FDA Docket Seeks Comment: Pet Food Early Warning Recall by CONSUMERS  (Read 2515 times)
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menusux
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« Reply #45 on: February 02, 2010, 11:19:10 AM »

The document was merely provided as an example of what information the PFCs were requiring when there was a legal matter at stake.

Filing an FDA adverse product event report may or may not lead to legal proceedings; this is up to the individual.  At issue here is whether the Federal Goverment should provide your personal information to said company or companies when you file a report that has no legal intent (at least at that point).

Also at issue is whether tax dollars ought to be spent to provide private industry with information they would have to spend their own money to discover, if they were able to do so at all.
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Rob
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« Reply #46 on: February 02, 2010, 11:23:10 AM »

I understand better now....came in late....


I'm reading a filing that says the following (see below)...not a request for comment...mine was a response to what was being requested here  Cheesy

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO. 07-21221-CIV-ALTONAGA/BROWN
RENEE BLASZKOWSKI, et al.,
individually and on behalf of
others similarly situated,
Plaintiffs,
vs.
MARS, INCORPORATED, et al.,
Defendants.
___________________________________/
MEMORANDUM IN SUPPORT OF
DEFENDANTS’ MOTION TO COMPEL DOCUMENTS AND
INTERROGATORY ANSWERS REGARDING PET FOOD COMMUNICATIONS
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Rob
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« Reply #47 on: February 02, 2010, 11:25:19 AM »

The document was merely provided as an example of what information the PFCs were requiring when there was a legal matter at stake.

Filing an FDA adverse product event report may or may not lead to legal proceedings; this is up to the individual.  At issue here is whether the Federal Goverment should provide your personal information to said company or companies when you file a report that has no legal intent (at least at that point).

Also at issue is whether tax dollars ought to be spent to provide private industry with information they would have to spend their own money to discover, if they were able to do so at all.

I agree that if you file an adverse report all that is needed is a name, address and phone number and the complaint (maybe even the vet's name and number if applicable). That is it. If legal preceding come up the company should pay for their own discovery.
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menusux
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« Reply #48 on: February 02, 2010, 11:32:37 AM »

Now you're talkin'!  Grin
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Sandi K
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« Reply #49 on: February 02, 2010, 02:00:04 PM »

I'm not slamming the plaintiffs, but if the plaintiffs wan't to play in the legal arena, they need to get some tougher skin and expect to defend their own testimony as true, accurate and complete.

Rob, I agree with you but at the same time, we need attornies who are willing to defend its clients and stay in things for the long haul.  From what Ive seen any cases that were brought about from the 2007 recalls, were either settled for chump change, or walked away from by the attornies. So im not sure its the plaintiffs that need tougher skin, I personally think its the attornies that do.  They need to be willing to stand up and take these guys on, all the way through to the end...but costs, the present lowly classification of pets in the eyes of the law and the fact they are dealing with an industry who is loaded with money and attornies, Im sure, discourages them from doing so.
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Sandi K
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« Reply #50 on: February 02, 2010, 02:09:18 PM »

......due to the fact that their personal information will be passed along to the company who makes the product(s) they are at issue with, so it tips the playing field in favor of industry and against the consumer. 

Its interesting because I had something similar happen to me not too long ago....I had e:mailed an on-line pet food store with questions concerning a certain pet food.  That store turned around, without asking my permission, and sent the contents of my e:mail and private e:mail address to the pet food company.  That company then contacted me via e:mail.  Granted, I didnt have a privacy clause in my e:mail but they never asked permission nor did they say they were going to do that.  So I guess its just another lesson if you e:mail anyone, any place with questions about pet food, put a privacy statement in your e:mail....just the same as the pet food companies do when they respond to anyone. 
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Rob
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« Reply #51 on: February 02, 2010, 02:09:36 PM »

Yeah...I was really disappointed in hearing the settlement for the 2007 recall. Sad.
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Sandi K
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« Reply #52 on: February 02, 2010, 02:13:47 PM »

Yeah and though it was settled, its now being appealed so lord knows when that will ever be resolved. 
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3catkidneyfailure
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« Reply #53 on: February 02, 2010, 02:33:02 PM »

Civil suits (involving no criminal penalties) that I was involved in could go as long as 15 years in the appeals process. There is
a Charles Dickens book from the 1800s that talks about such lawsuits: Bleakhouse.

The plaintiff class reps in the Florida lawsuit never had to produce all that information, just as instructed by counsel, who objected
to production of the rest. But defense attorneys would have been lax in not asking, as your entire character goes on trial in a lawsuit
war. The companies' characters, too. It just never got that far because plaintiffs counsel walked away because it was a cost loser.

Don't forget chief reason that pet legal status is so low cost: AVMA doesn't want to have to carry malpractice insurance and wants pets
classed as cost-replaceable property so individual veterinarian practioners can't be sued is bottom line. That's a fact that consumers
are going to have to change. I don't have any other property that I provide food and medical care for throughout its sentient lifetime, nor any that invests so many emotions, and is called in every pet food ad and pet product ad, including ads for veterinary services, part of the family. Only if you get sued do pets revert to the status of a toaster or microwave.
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mary blonde
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« Reply #54 on: February 02, 2010, 03:14:20 PM »

I don't have any other property that I provide food and medical care for throughout its sentient lifetime, nor any that invests so many emotions, and is called in every pet food ad and pet product ad, including ads for veterinary services, part of the family. Only if you get sued do pets revert to the status of a toaster or microwave.

Well said!
Perhaps the content of those types of ads could be turned around and used AGAINST the PFCs when they try to minimize damages.
Kinda like "You can't have your cake and eat it too!"
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Rob
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« Reply #55 on: February 02, 2010, 03:22:07 PM »

I don't have any other property that I provide food and medical care for throughout its sentient lifetime, nor any that invests so many emotions, and is called in every pet food ad and pet product ad, including ads for veterinary services, part of the family. Only if you get sued do pets revert to the status of a toaster or microwave.

Well said!
Perhaps the content of those types of ads could be turned around and used AGAINST the PFCs when they try to minimize damages.
Kinda like "You can't have your cake and eat it too!"


AMEN!
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Rob
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« Reply #56 on: February 02, 2010, 03:24:08 PM »

Civil suits (involving no criminal penalties) that I was involved in could go as long as 15 years in the appeals process. There is
a Charles Dickens book from the 1800s that talks about such lawsuits: Bleakhouse.

The plaintiff class reps in the Florida lawsuit never had to produce all that information, just as instructed by counsel, who objected
to production of the rest. But defense attorneys would have been lax in not asking, as your entire character goes on trial in a lawsuit
war. The companies' characters, too. It just never got that far because plaintiffs counsel walked away because it was a cost loser.

Don't forget chief reason that pet legal status is so low cost: AVMA doesn't want to have to carry malpractice insurance and wants pets
classed as cost-replaceable property so individual veterinarian practioners can't be sued is bottom line. That's a fact that consumers
are going to have to change. I don't have any other property that I provide food and medical care for throughout its sentient lifetime, nor any that invests so many emotions, and is called in every pet food ad and pet product ad, including ads for veterinary services, part of the family. Only if you get sued do pets revert to the status of a toaster or microwave.

I do wonder though if increased insurance, etc...was required, would that put doctors out of practice and having a pet out of reach for many more? I guess like humans - so many go without, but at least with humans if you have a 911, you can still be seen at the ER w/out paying straight away.
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3catkidneyfailure
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« Reply #57 on: February 02, 2010, 03:44:14 PM »

Somewhere in that legal status, Rob, there has to be a reasonable compromise on the legal status of companion, as opposed to
food production, animals. Nice thing about law is that its dynamic and always evolving. And the law surrounding companion animals is
only going to evolve if consumers and veterinarians reach some type of compromise. Then if someone injures thousands and thousands
of companion animals, they won't escape with a wrist slap, like I fear the Millers are going to do. This was animal cruelty at its worst.

As for medical help for the consumer who can't afford it, that's a whole other human priority set of issues, and veterinary care has
priced itself out of the reach of many.
« Last Edit: February 02, 2010, 03:46:43 PM by 3catkidneyfailure » Logged
Rob
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« Reply #58 on: February 02, 2010, 04:33:44 PM »

please don't get me wrong - I don't agree with legal status of pets just being property like a microwave. There does need to be discussions on how to improve the status and treatment of pets in this country without people having to put a pet down if they don't have the money, when the medical condition is treatable.
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3catkidneyfailure
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« Reply #59 on: February 02, 2010, 04:59:43 PM »

Rob, I'm just wishing there were magic bullet solutions here too for some very difficult problems. Having
government in charge of a Pet Food Early Warning Recall system is only a start which at this point is not
even going to be open to consumers to examine as far as I can tell. Long ways to go to improve the
situation that caught us all up in 2007 and affected so many of us.
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