"because the cause of them has been found" -- OR -- because the cause of the reports has been acknowledged, reported to the public and corrected.

I've been thinking about this one.  If a toxin in present in the kibble, then wouldn't a toxin still be present in kibble that may have past its expiration date? 

I'd hold on to some of it, even if expired.

I agree, along with many, many others --  we want to know what made them sick and what is causing the continued problems and what does the future hold.  I've heard this from so many people.

Donna C

I would think there is a better chance of FTC involvement than BBB.  There is criteria that has to be met in order for FTC to take action.  However, this provides another avenue for pet owners to pursue.  It also gets the information filed with another Federal agency. The FTC has a secure online database for entry of consumer complaints.  IMO, the truth in advertising aspect is one that deserves consideration.  What claims are made in advertising about a specific product?    Obviously, they will not address individual consumer complaints, but like with Nutro, the more complaints filed, the more likely to catch their attention. 

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Also, look at how a PF company advertises their products; what words do they use to describe the product; how do they entice you to purchase?  Recently a member posted how they watched a PF company change their descriptions from “human grade to holistic to high quality” over the last year.  There's a reason for that change.  All one has to do is look at a company's print ads, TV ads, in-store advertising, package labeling, websites, etc.  It's a matter of holding them accountable for what they advertise.

Leslie,

Here’s some thoughts regarding the dog food that Evanger’s continues to send to you. 

You might contact the Better Business Bureau to file a complaint.

I would also consider filing a complaint with the Federal Trade Commission, www.ftc.gov.  You actually have two areas to base the complaint on. 

1.  The fact the company continues to ship product to you even though you have requested them to stop, you have not ordered/requested the product and you do not want their products.  I would think this has some relevance to interstate commerce. 

2. You can also reference truth in advertising.  Your dog was sickened while eating this product.  You also have private test results.  You obviously would not want to continue feeding the product whether free or not. 

Truth in advertising requires a company be truthful, non-deceptive and have evidence to back up their claims.  If a product makes a claim to health or safety, it has to be supported by “competent and reliable scientific evidence” which means tests or studies evaluated by people qualified to review it. 

Reference the claims made by Evangers – these are a few from their website, you may have others (on product packaging, print ads, etc.) 




The FTC handles most matters regarding food advertising and the FDA handles most matters regarding food labeling. 

The Federal Trade Commission has an on-line form for consumer complaints.


You might also want to contact FedEx.  You have not ordered or requested the product, have asked the company to stop shipping to you and, more importantly, you do not want the product.  Ask FedEx if they have any policies that protect a consumer from receiving unsolicited/unwanted shipments and specifically what you should do the next time a package is left at your door.  I know that UPS has a policy for returning unwanted shipments by simply calling the carrier to "return to sender."  FedEx has not responded to my inquiries. 

I agree with your thoughts on receiving the product.  If you trash it, it still gives the appearance you "received and kept" their complimentary gift to you.  I would return it, but I would also pressure the shipper to return it at Evanger's cost. 
DonnaC

Another article from the same issue is interesting and timely . . .

So are they going to harass you with shipments until you give in and give up?

Anyone read the July issue?

http://www.petfoodindustry-digital.com/petfoodindustry/200807/?u1=texterity

Page 88 -

From personal experience, the little independents are not much different than the "cold-hearted mega-companies" when it comes to compassion for the ill pets that were consuming the foods they produced.  Not much different in regards to responding to consumer inquiries or their public relations either. 

Donna C

Also, it's unfortunate, but not all scanning devices read all microchips. 

I believe there are more places that have the 3-day rule than you probably realize.  It's just not advertised. 

When I asked a large city-run humane society what their policy was on holds, the response was "as space permits." 
Donna C

mcfumbler, we are very sorry for your loss. 

I hope you will get some answers.  Thank you also for sharing your experience.  I know it is difficult to go through the details regarding your pup, but hopefully stories like these will help others to better care for their pets.  Our thoughts are with you. 
DonnaC

There is one significant piece of missing information in this.  The FDA inspections took place in April and May, both resulting in discoveries of unsanitary conditions.  US Marshals seized “tons” of product on June 19 because conditions were still “unsanitary”.  CEO Myers states the “hold” was issued on Thursday (June 19) on receipt or distribution of food product from the facility.  Yet, von Eschenbach “assures” consumers they can purchase product at retail stores with “confidence.” 

So, if the “hold” was issued on June 19 for shipments out of the facility, where is the product that was shipped out between April and June 19?  A warehouse suppling stores in 16 states would have a lot of inventory in it.  I don’t share the same assurance of confidence in purchases at the retail stores. 
Donna C

If you decide to send a sample to the company, do NOT send all of what you have; only send a sample (a few, 2-3, cups is all they need for testing). 

Also, you should ask them if they are going to test your specific sample or will they pull test results from their retain samples.  Retain samples are pulled during the production run and they may have tested them at that time or they may test them now.  Ask.   

If they are going to test your sample, ask who is doing the testing (in-house or private lab).  Ask what they will be testing for. 

You should also request that a copy of the complete analysis results be forwarded to you. 

Be sure to document any and all communications with the company.  Samples should be sent to the company with signature required upon delivery for verification (UPS, FedEx).  (Both very important!)

IMO, I would not send the bags with the sample.  Keep the bags in your possession.  The container is already open, so as far as the process of "chain of evidence" that is not applicable.  However, they can still test the product.

From my personal experience, I do not put much confidence in the system of submitting samples to a company for testing.  My opinion based on personal experience with a different manufacturer. 

If you have the resources, there are laboratories that will test product for consumers.  As a suggestion, if your private analysis should detect something in the pet food, you may want to consult an attorney prior to posting a copy of the test results. An attorney will be able to give you the guidance you need to protect yourself.  Unfortunately, others who have had food tested have faced some tough experiences with the PF companies in question.  Catherine MacIvor, the attorney from Flordia who is handling one class action lawsuit against the PF industry, is a good resource for pet owners. 

I'm glad your dog is doing better with the home-cooked meal.  Please give us an update when you can.
Donna C.

Accepting responsibility will never happen in the pet food industry.