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Author Topic: FDA Suspends Temporary Emergency Permit of Pet Food Maker Evanger's  (Read 134051 times)
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runwiththewind
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« Reply #480 on: June 15, 2009, 04:59:04 PM »

http://www.consumeraffairs.com/news04/2009/06/fda_evangers02.html
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lesliek
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Trooper,Remy & Fragile


« Reply #481 on: June 15, 2009, 05:19:21 PM »

Anyone think to save this thread before the posts started disappearing again ?
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Carol
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« Reply #482 on: June 16, 2009, 02:46:19 AM »

Anyone think to save this thread before the posts started disappearing again ?

Probably!  Wink
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Offy
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« Reply #483 on: September 15, 2009, 09:59:29 AM »

In January 2009 Evangers & the Shers were being sued for allegedly not paying overtime to folks.
The complaint listed and had paycheck exhibits for a couple of folks who worked over 80 hrs a week. The suit was seeking class action status & back to 3years wage adjustment with interest.

The defendants answers denied, claimed conclusory  and  "Defendants are in the process of conducting an internal audit of payroll but at this time have insufficient knowledge to admit or deny these allegations.", etc. etc.

Barragan & De La Rosa & all other similarly situated persons, known & unknown V. Evanger's Dog & Cat Food Co Inc, Holly Sher & Joel Sher
 
Quote
Barragan et al v. Evanger's Dog and Cat Food Co., Inc. et al
CIVIL DOCKET FOR CASE #: 1:09-cv-00227
US District Court Northern District of Illinois Eastern Division
Cause: 29:201 Denial of Overtime Compensation

05/12/2009   31    MINUTE entry before the Honorable John W. Darrah: Class certification motion to be filed by 6/2/09, response by 6/23/09, reply by 7/7/09. Status hearing set for 8/20/09 at 9:00 a.m.  (Entered: 05/13/2009)

06/02/2009   32    MOTION by Plaintiffs Francisco Barragan, Liberto De La Rosa to certify class  (Entered: 06/02/2009)

06/02/2009   33    MEMORANDUM by Francisco Barragan, Liberto De La Rosa in support of motion to certify class 32 (Attachments: # 1 Exhibit 1-12) (Entered: 06/02/2009)

06/02/2009   34    NOTICE by Francisco Barragan, Liberto De La Rosa re memorandum in support of motion 33 , MOTION by Plaintiffs Francisco Barragan, Liberto De La Rosa to certify class 32  (Entered: 06/02/2009)


Class action status was Granted the Plaintiffs  Aug 27th 2009.
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"If the pet food does not perform in the consumer's hands, then all of the advertising on earth will not be persuasive." Dr. R. Glenn Brown. Canadian Veterinary Journal, Volume 35, in April of 1994
3catkidneyfailure
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« Reply #484 on: September 15, 2009, 10:05:18 AM »

"Cause: 29:201 Denial of Overtime Compensation"
If guilty, I hope the Shers will have to pay.
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JJ
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« Reply #485 on: September 15, 2009, 10:26:58 AM »

Wonder if any of these employees thought to contact the labor board first? We all pay taxes for this and they might not have had to use a lawyer. The labor board would go in, check the books, and any money these people were not paid - they would then receive it.
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Offy
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Posts: 285


« Reply #486 on: November 13, 2009, 05:09:23 PM »

In January 2009 Evangers & the Shers were being sued for allegedly not paying overtime to folks.
The complaint listed and had paycheck exhibits for a couple of folks who worked over 80 hrs a week. The suit was seeking class action status & back to 3years wage adjustment with interest.

The defendants answers denied, claimed conclusory  and  "Defendants are in the process of conducting an internal audit of payroll but at this time have insufficient knowledge to admit or deny these allegations.", etc. etc.

Barragan & De La Rosa & all other similarly situated persons, known & unknown V. Evanger's Dog & Cat Food Co Inc, Holly Sher & Joel Sher
 
Quote
Barragan et al v. Evanger's Dog and Cat Food Co., Inc. et al
CIVIL DOCKET FOR CASE #: 1:09-cv-00227
US District Court Northern District of Illinois Eastern Division
Cause: 29:201 Denial of Overtime Compensation

05/12/2009   31    MINUTE entry before the Honorable John W. Darrah: Class certification motion to be filed by 6/2/09, response by 6/23/09, reply by 7/7/09. Status hearing set for 8/20/09 at 9:00 a.m.  (Entered: 05/13/2009)

06/02/2009   32    MOTION by Plaintiffs Francisco Barragan, Liberto De La Rosa to certify class  (Entered: 06/02/2009)

06/02/2009   33    MEMORANDUM by Francisco Barragan, Liberto De La Rosa in support of motion to certify class 32 (Attachments: # 1 Exhibit 1-12) (Entered: 06/02/2009)

06/02/2009   34    NOTICE by Francisco Barragan, Liberto De La Rosa re memorandum in support of motion 33 , MOTION by Plaintiffs Francisco Barragan, Liberto De La Rosa to certify class 32  (Entered: 06/02/2009)


Class action status was Granted the Plaintiffs  Aug 27th 2009.

Updated:

11/12/2009   51    MINUTE entry before the Honorable John W. Darrah: Plaintiffs' motion for approval of their class action notice and notice program 48 is entered and continued to 12/3/09 at 9:00 a.m. for a further hearing. Defendant is granted leave to file a response by 11/19/09. Mailed notice (Entered: 11/12/2009)

11/12/2009   52    Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Michael T. Mason for the purpose of holding proceedings related to: a settlement conference. Mailed notice.  (Entered: 11/12/2009)

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"If the pet food does not perform in the consumer's hands, then all of the advertising on earth will not be persuasive." Dr. R. Glenn Brown. Canadian Veterinary Journal, Volume 35, in April of 1994
Offy
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Posts: 285


« Reply #487 on: February 05, 2010, 08:47:44 AM »

It appears no settlement resolution in the labor lawsuit:


12/02/2009   56
[RECAP]    MINUTE entry before the Honorable Michael T. Mason:Settlement conference held on 12/2/09. The parties were not able to reach a resolution to settle the case at this time. All matters relating to the referral of this case having been resolved, the referral is closed and the case is returned to the assigned judge. Judge Michael T. Mason no longer referred to the case. Mailed notice. (rbf, ) (Entered: 12/02/2009)

12/03/2009   57[RECAP]    MINUTE entry before the Honorable John W. Darrah:Plaintiffs' motion to approve the class 48 is granted. Status hearing set for 1/19/10 at 9:00 a.m. Mailed notice(maf) (Entered: 12/03/2009)


01/19/2010   58    
MINUTE entry before Honorable John W. Darrah: Status hearing held and continued to 2/25/10 at 9:00 a.m. Mailed notice(maf ) (Entered: 01/19/2010)


* evanger_nosettlementresolution.pdf (4.26 KB - downloaded 140 times.)
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"If the pet food does not perform in the consumer's hands, then all of the advertising on earth will not be persuasive." Dr. R. Glenn Brown. Canadian Veterinary Journal, Volume 35, in April of 1994
3catkidneyfailure
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« Reply #488 on: February 05, 2010, 09:29:56 AM »

Thanks, BP, for posting. Nice treatment of employees by this caring management it seems.
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Offy
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Posts: 285


« Reply #489 on: March 24, 2010, 02:57:12 PM »

Looks like a settlement is actually in motion... I hope todays other news doesn't mess it up for these people.

Quote
02/25/2010   59    MINUTE entry before Honorable John W. Darrah: Status hearing held and continued to 3/16/10 at 9:00 a.m. Mailed notice(maf) (Entered: 02/25/2010)

03/10/2010   60    MOTION by Plaintiffs Francisco Barragan, Liberto De La Rosa for Preliminary Approval of Proposed Settlement (Entered: 03/10/2010)

03/10/2010   61    MEMORANDUM by Francisco Barragan, Liberto De La Rosa in support of motion for miscellaneous relief 60 (Attachments: # 1 Exhibit 1 - 3) (Entered: 03/10/2010)

03/10/2010   62    NOTICE of Motion by  for presentment of motion for miscellaneous relief 60 before Honorable John W. Darrah on 3/16/2010 at 09:00 AM.) (Entered:
03/10/2010)

03/18/2010   63    MINUTE entry before Honorable John W. Darrah: Ruling on motion hearing held. Plaintiffs' motion for preliminary approval of the proposed settlement is granted 60 . Fairness hearing set for 8/19/10 at 9:30 a.m. Enter Order. [For further detail see separate order(s).] Mailed notice (tc, ) (Entered: 03/18/2010)

03/18/2010   64    ORDER Preliminarily approving proposed settlement, scheduling hearing for final approval of, and approving proposed class notice Signed by the Honorable John W. Darrah on 3/16/2010. (tc, ) (Entered: 03/18/2010)


If you're checking Justia or Pacer or Recap I've highlighted the documents of some interest. (over 70 pages)
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"If the pet food does not perform in the consumer's hands, then all of the advertising on earth will not be persuasive." Dr. R. Glenn Brown. Canadian Veterinary Journal, Volume 35, in April of 1994
3catkidneyfailure
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« Reply #490 on: March 24, 2010, 06:43:49 PM »

I hope these employees end up being treated fairly, too, under whatever settlement agreement
they've reached.
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Carol
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« Reply #491 on: March 25, 2010, 03:12:20 AM »

According to this blogger---Evangers still was under the FDA/CVM scope for approval with interstate shipping as of this month..(If this is here somewhere else please tell me and I'll delete it  Cheesy)

http://efoodalert.blogspot.com/2009/06/evangers-filling-in-blanks.html
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“Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it’s the only thing that ever has.” — Margaret Mead

United we stand     Divided we fall....
menusux
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« Reply #492 on: March 26, 2010, 05:40:51 PM »

FWIW, this is a pet store owner's blog with post dating back to last year re: the Evanger's/Emergency Permit problem:

http://www.midastouchhealth.com/id76.html

July 29, 2009

"After pulling the Evanger's products from the shelves at Midas Touch I discovered that Evanger’s manufactures food for other pet food companies. Unfortunately, Evanger’s declined to answer my question when asked for a list of those companies. In fact, when I posed these questions by email: “Are the pet foods you make for other companies included in the FDA action? Can you please tell me all of the companies for which you process pet food?” I received this response: “This was a (DOCUMENTATION ) issue that has been resolved……Thank you.”

"This prompted me to contact the FDA’s Center for Veterinary Medicine to find out if the issue had truly been resolved. I received this response from the FDA: “Thank you for contacting the Center for Veterinary Medicine. In response to your inquiry re: the status of Evanger's, I can provide you with the following information: The temporary emergency permit for Evanger's Dog & Cat Food Co., Inc. continues to be suspended. Because the emergency permit is suspended, this company can ship product only after FDA approval of each lot, i.e. on a "lot by lot" release. FDA has authorized the shipment of specific lots after review of reports submitted on the company's behalf by its processing authority. “

"Because Evanger’s was not cooperative in providing the list I requested, and because they were not accurate in stating the issue was resolved, I began researching the manufacturers of all of the canned food on our shelves. I found that one of the Weruva varieties and all of the Blackwood dog foods are from the Evanger’s plant. So, those items are no longer being sold at Midas Touch. (We will continue to sell the Weruva varieties that are not manufactured by Evanger’s.)"

AFAIK, some Canadae and Felidae canned varieties are also produced at Evanger's.
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lesliek
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Trooper,Remy & Fragile


« Reply #493 on: March 26, 2010, 07:25:35 PM »

Sh*t ! I use Weruva as a backup. Have to call them Monday,if they won't tell me which ones that will be 1 more brand I avoid.
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Mandycat
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« Reply #494 on: March 26, 2010, 09:21:33 PM »

Sh*t ! I use Weruva as a backup. Have to call them Monday,if they won't tell me which ones that will be 1 more brand I avoid.

Leslie,
The Midas Touch store said that they removed just one variety of Weruva that they found was manufactured at Evanger's.  If you can't find out about where what you are using is made, perhaps you can contact the Midas Touch store and ask what Weruva foods they sell and you will know that they are not made by Evanger's.  There is contact information on the Midas Touch store's website posted above.  They do still list Weruva as one of the brands they sell.
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