Challenging the FDA

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I'm a little late in posting this, as I've been sick the past two days. That's the downside of living alone, if I don't do it, it doesn't get done. Which is also why the cats are out of food (cooking for them is great, but I really need to build up the freezer stash!) , the dishes haven't been done, and if I hadn't dragged myself out last night none of us would be eating today either. (Also known as the 'lose-weight-because-you-have-no-food-in-the-house-diet').

Alright, on with the information. I'm stalling a bit, because I have mixed feelings about some of what I'm going to post here. There is so much information, so I'm going to give you a bunch of links - I really hope you'll go read full posts.

Because not only is the FDA denying FACTS, we've got reports (via an exceptional survey and the comments on the melamine risk assessment) from FDA scientists that confirm that there are serious problems within that organization. And they confirm that what we are told is not necessarily the truth. (I'm being generous with that last statement.)

And yeah, I'm being a bit more chatty today. I just can't keep doing this unless I get more personal in these posts. It's been mostly 'business' until now (here anyway) - but you know what? I'm NOT a reporter. I'm NOT a journalist. I'm a blogger. And until this food recall started I'd only been blogging for a month, so I'm barely that. What I am is one pissed off pet guardian/owner/parent, just like you. And I need to 'chat' more, or I'm going to lose my mind. We're at the 3 month mark tomorrow, with no end in site.

Anyway, on to the 'news'. The FDA says acetaminophen wasn't found in pet food. Um, okay. Sure. Whatever you say. See the post at petconnection and the comments. http://www.petconnection.com/blog/2007/06/13/fda-rules-out-acetaminaphen-findings/

In response to that ridiculous statement by the FDA, see Don Earl's update - and his Challenge to the FDA. I join him in that challenge. Go read the rest of his page, at this link:
http://www.petfoodrecallfacts.com/lab.html

...
June 13, 2007: In the news today, with hundreds of pet owners across the country reporting acetaminophen poisoning like symptoms in their dead or dying pets, the FDA announces their official position is to stand down. Who didn't know that? Perhaps it would be best to disband the FDA. It would save tax payers several billion dollars a year. The savings to corporate America on lobbyists and the usuals could be passed on to consumers. And, the lack of oversight would be the same as it is now, with private citizens bearing the burden of testing the safety of products at their own expense as you see here.
...
FDA ACETAMINOPHEN CHALLENGE
As amazing as it may seem, after the announced FDA stand down on testing for acetaminophen, the FDA then snuck over to ExperTox to try to glom onto samples. I and at least 4 others I am aware of were contacted for permission to release samples to the FDA.

The one thing we know for sure at this point is the 5 samples the FDA earlier claimed to have tested for acetaminophen, were NOT those tested by ExperTox.

Several others, along with myself, refused permission for the FDA to take the samples off ExperTox premises. We did however agree to allow the FDA to test the samples under the supervision of ExperTox at the ExperTox lab.

So, here’s the challenge:

* Let the FDA rent the ExperTox facilities for one day to duplicate the ExperTox results on those samples which tested negative for melamine, but positive for cyanuric acid and/or acetaminophen.

* Let the FDA bring in the experts of its choice to participate in the tests.

* Let ExperTox personnel act in a supervisory and oversight capacity to make sure everything is done according to Hoyle.

* Let the media bring in as many camera crews as it is possible to squeeze into the room without interfering with the work.

* Let the games begin.

Added 11:45am: ConsumerAffairs.com on the subject…

http://www.consumeraffairs.com/news04/2007/06/pet_food_recall57.html

…
ConsumerAffairs.com contacted the manufacturer of the confirmed pet food that tested positive for acetaminophen -- Menu Foods of Canada. That company makes Pet Pride food.

A spokeswoman for Menu Food said the company had no comment on ExperTox’s findings. But spokeswoman Sarah Tuite told us: “The Pet Food Institute (PFI) has provided comment.”

That organization represents the makers of 98 percent of all dog and cat food produced in the United States, and calls itself “the voice of U.S. pet food manufacturers.”

“I can assure you that this industry takes the issue of the safety of pet food products with the utmost seriousness,” PFI’s spokesman Kurt Gallagher said Tuesday.

Gallagher said his industry and the FDA are investigating ExperTox’s findings. But he cast doubts about the laboratory — and its test results.

“Through our contacts in Texas, which is where the lab is located that conducted the analysis, we have learned there is genuine concern among key toxicological and analytical experts about the lab and the actual test results,” Gallagher said.

The Lab Manager for ExperTox told us today that her company stands by its finding.

What Experts?

Expertox’s Donna Coneley also said she doesn’t have any idea what Texas experts Gallagher and PFI are talking about.

“They never name the experts they’re working with,” Coneley said. “When someone says ‘people I know say this,’ it sounds to me like they’re trying to say there are experts who have looked into this and don’t agree with the findings. But I don’t believe there are.

“To me, it sounds like they’re talking about imaginary experts,” Coneley said.

Coneley said the only experts her lab has worked with about the findings are those with the FDA. In fact, she told us she had the FDA on another line during our interview today.

“The pet food manufacturing companies have had ten-minute discussions with us about how we did our tests,” she said. “But they’re not experts.

“The (scientists at the) FDA are the only people we’ve been talking to about our findings.”

Coneley said her lab tested about 100 to 150 samples of food.

When asked if she was surprised the lab didn’t detect melamine in the samples of Pet Pride it tested, she said: “We did find that (chemical) in other samples. I don’t have my paperwork in front of me to tell you how many samples, but I can tell you we did find melamine in some. We also found melamine and cyanuric acid in some samples.”

But ExperTox did not find the rat poison and cancer drug, Aminopterin, in any of the pet food it tested, Coneley said.

Note: A poster at petconnection provided an update

Scientists at the New York State Department of Agriculture discovered that toxin in some samples of pet food it tested shortly after Menu Foods announced its recall in March.

Don't Look, Don't Find

In the meantime, pet owner Earl wonders why the country’s leading laboratories aren’t imitating ExperTox’s tests.

“They're using a protocol to quickly scan for thousands of substances. Once having identified a substance using that method, they are then able to run more specific tests to confirm the results.

“The question that comes to my mind is with so many people affected, and so many people needing hard answers to how this happened, why the nation’s top labs are limiting their tests to what they read in the morning's paper? You won't find what you don't look for.”

And from Christie over on PetConnection.com - an exceptional post that you must read, showing exactly how FDA documents can mislead:
Scientists review FDA conclusions on melamine, other contaminants in human food

On May 24, the FDA asked six scientists to review the process the agency used to conclude that melamine and related compounds posed no health risk to people eating the meat of animals given contaminated feed. The document submitted for review was the Interim Melamine and Analogues Safety/Risk Assessment, in which the concept of the “dilution effect” was laid out.
...

In a study released on June 7, the FDA concluded:

Overall, there was consensus from the peer reviewers that the conclusions of the S/RA were appropriate. In addition, recognizing the time-sensitive context in which the S/RA was developed and the time-sensitive need for the S/RA results, the peer reviewers concurred that the methodology, data, assumptions, and exposure scenarios used were appropriate.

Translation:

The FDA was working with limitations of what they knew and the timeframe in which they had to make an evaluation, and within those limitations, their conclusions, choices, and assumptions were appropriate. They are not saying they were correct, however.

After the jump, I’ll include some of the actual comments made by the scientists. If you want to review the document itself, it’s here.

Christie then continues to tear the above conclusion to shreds, by taking the reviewer comments and translating them to the truth. Please read the full post, it really is exceptional work.

Added 11:45am: And now for results of a survey - done of FDA scientists.
http://www.ucsusa.org/scientific_integrity/interference/fda-scientists-survey-summary.html

In 2006, the Union of Concerned Scientists (UCS) and Public Employees for Environmental Responsibility (PEER) distributed a 38-question survey to 5,918 FDA scientists to examine the state of science at the FDA. The results paint a picture of a troubled agency: hundreds of scientists reported significant interference with the FDA's scientific work, compromising the agency's ability to fulfill its mission of protecting public health and safety.

And you HAVE to read the Survey Summary brochure. It's a pdf file at the top of the page under “related links”. A few excerpts...

Almost one in five (18 percent) responded, “I have been
asked, for non-scientific reasons, to inappropriately
exclude or alter technical information or my conclusions
in an FDA scientific document.”

More than three in five (61 percent) knew of cases in
which “Department of Health and Human Services or
FDA political appointees have inappropriately injected
themselves into FDA determinations or actions.”

Three in five (60 percent) also knew of cases “where commercial
interests have inappropriately induced or
attempted to induce the reversal, withdrawal or modification
of FDA determinations or actions.” Fifty percent also
felt that non-governmental interests (such as advocacy
groups) had induced or attempted to induce such changes.

And that’s just the beginning. Not a surprise given what we know now, but, still, stunning.

Then make sure to read 'Selected essay responses”

http://www.ucsusa.org/assets/documents/scientific_integrity/Final-Essay-Summary.pdf

Just a few comments from 21 pages of comments from FDA Scientists:

“We use or are mandated to use ancient scientific methods and it’s almost impossible to update.”

“It is obvious that looking at 1-4% of imported products regulated by FDA is dangerously low and there are not enough field personnel to consistently be thorough in examinations due to the high volume individuals are required to complete daily.”

“Consumers no longer trust FDA decisions or personnel as they know we no longer
enforce the regulations but rather protect regulated industry/big business to the detriment of the consumers.”

“We are so short staffed there is no way FDA can protect the public. It’s just a disaster waiting to happen.”

“I believe it takes serious illness of the public and/or deaths in order to get FDA to do anything (Vioxx as an example). The attorneys for FDA seem to find reasons to turn down cases. It seems as if they are protecting industry not the consumer.”

“The problem at FDA is not the structure of the organization, but the quality and
character of persons in managerial positions. Persons who are ‘yes-men’, who suppress information, minimize risks to patients and place industry’s priorities above those of patients and the public are routinely promoted to positions of authority. There needs to be a better system of a) allowing reviewers the ability to discuss issues IN PUBLIC e.g. in publications without suppression or ‘clearance’ from upper management b) accountability of upper management to their superiors as well as the public c) a change in culture within the Agency to promote scientific discussion, academic achievement, and internal research results…”

“Allowing staff to publish scientific information without censorship by management.”

“Too often, political pressure restricts FDA from providing information to the public.”

“Sunshine! We have many restrictions on what we can say and publish that are
politically, not legally, based. In the past several years final approval to publish or speak is moving to higher and higher levels; lower management is more and more afraid to make decisions…We have trouble getting permission to say that medical products have safety problems. Staff outrage is pervasive.”

“Bullying-I was pressured to recommend to approve a device I thought unsafe.”

And there's more at the links above...

Natural Balance Eatables Canned Dog food recalled due to botulism

To contact us Click HERE
Note that the recalled pet food gets what amounts to a p.s. below, and that's it. Mind boggling.

In addition, the following canned Natural Balance brand pet food products, which Castleberry’s co-packs for Natural Balance, are being recalled. These include:

• Natural Balance Eatables for Dogs Irish Stew With Beef, Potatoes & Carrots, 15 oz can (UPC 2363359860)
• Natural Balance Eatables for Dogs Chinese Take Out With Sauce With Vegetables and Chicken, 15 oz can (UPC 2363359861)
• Natural Balance Eatables for Dogs HOBO Chili With Chicken & Pasta, 15 oz can (UPC 2363359863)
• Natural Balance Eatables for Dogs Southern Style Dumplings With Chicken & Vegetables, 15 oz can (UPC 2363359862)

Castleberry’s Expands Voluntary Recall of Hot Dog Chili Sauce and Canned Meat Products

Contact:
Doug McGraw, Fleishman-Hillard
(212) 453-2202

FOR IMMEDIATE RELEASE --AUGUSTA, Ga. – July 21, 2007 – Castleberry’s Food Company today announced that it is taking extra steps to ensure public safety by voluntarily expanding its recall originally announced on July 18 due to the risk ofbotulinum toxin, a bacterium which can cause botulism.

Botulism can cause the following symptoms: general weakness, dizziness, double-vision and trouble with speaking or swallowing. Difficulty in breathing, weakness of other muscles, abdominal distension and constipation may also be common symptoms. People experiencing these problems should seek immediate medical attention.

The recall originally announced on July 18 affected only 10 products with ‘best by’ dates from APR30 2009 through MAY22 2009. The extended recall now includes the following canned products in the following sizes with all ‘best by’ and code dates:

• Austex Onion Hot Dog Chili Sauce, 10 oz can (UPC 3030097101)
• Austex Hot Dog Chili Sauce, 10 oz can (UPC 3030099533)
• Austex Beef Stew, 15 oz can (UPC 3030090815)
• Austex Chili With Beans, 15 oz can (UPC 3030091015)
• Austex Chili With Beans, 19 oz can (UPC 3030092519)
• Austex Chili No Beans, 15 oz can (UPC 3030097715)
• Austex Chili No Beans, 19 oz can (UPC 3030097719)
• Best Yet Corned Beef Hash, 15 oz can (UPC 4217841082)
• Best Yet Chili With Beans, 15 oz can (UPC 4218740842)
• Big Y Chili No Beans, 15 oz can (UPC 1889480424)
• Big Y Corned Beef Hash, 15 oz can (UPC 1889480225)
• Big Y Chili With Beans, 15 oz can (UPC 1889480425)
• Black Rock Chili With Beans, 15 oz can (UPC 3030001715)
• Bloom Hot Dog Chili Sauce, 10 oz can (UPC 2543992448)
• Bryan Hot Dog Chili Sauce With Beef, 10 oz can (UPC 5340030010)
• Bryan Corned Beef Hash, 15 oz can (UPC 5340030110)
• Bryan Chili No Beans, 15 oz can (UPC 5340030200)
• Bryan Chili With Beans, 15 oz can (UPC 5340030205)
• Bryan Chili No Beans, 10 oz can (UPC 5340035264)
• Bunker Hill Hot Dog Chili Sauce, 10 oz can (UPC 7526604152)
• Bunker Hill Chili No Beans, 10 oz can (UPC 7526604112)
• Bunker Hill Spicier Chili No Beans, 10 oz can (UPC 7526604224)
• Castleberry’s Hot Dog Chili Sauce, 10 oz can (UPC 3030000101)
• Castleberry’s Onion Hot Dog Chili Sauce, 10 oz can (UPC 3030007101)
• Castleberry’s Brunswick Stew Chicken & Beef, 15 oz can (UPC 3030000315)
• Castleberry’s Barbecue Pork, 10 oz can (UPC 3030000402)
• Castleberry’s Barbecue Pork, 14.5 oz can (UPC 3030000415)
• Castleberry’s Barbecue Beef, 10 oz can (UPC 3030000602)
• Castleberry’s Beef Stew, 15 oz can (UPC 3030000815)
• Castleberry’s Corned Beef Hash, 15 oz can (UPC 3030000915)
• Castleberry’s Chili With Beans, 15 oz can (UPC 3030001015)
• Castleberry’s Sausage Gravy, 10 oz can (UPC 3030005130)
• Castleberry’s Creamed Chip Beef Gravy, 10 oz can (UPC 3030005150)
• Castleberry’s Hot Chili With Beans, 15 oz can (UPC 3030007217)
• Castleberry’s Chili No Beans, 10 oz can (UPC 3030007701)
• Castleberry’s Chili No Beans, 15 oz can (UPC 3030007715)
• Castleberry’s Georgia Hash, 15 oz can (UPC 3030000215)
• Cattle Drive Beef Stew, 15 oz can (UPC 3030001530)
• Cattle Drive Chili No Beans, 15 oz can (UPC 3030001520)
• Cattle Drive Chicken Chili With Beans, 15 oz can (UPC 3030001525)
• Cattle Drive Chili With Beans, 15 oz can (UPC 3030001515)
• Firefighters Chicken Chili With Beans, 15 oz can (UPC 7372500413)
• Firefighters Chili With Beans, 15 oz can (UPC 737250041)
• Firefighters Chili No Beans, 15 oz can (UPC 7372500412)
• Food Club Corned Beef Hash, 15 oz can (UPC 3680080204)
• Food Club Chili No Beans, 15 oz can (UPC 3680080404)
• Food Club Chili With Beans, 15 oz can (UPC 3680080504)
• Food Lion Hot Dog Chili Sauce, 10 oz can (UPC 3582606911)
• Goldstar Original Chili, 10oz can (UPC 2457500001)
• Goldstar Chili, 15oz can (UPC 2457500005)
• Goldstar Tex-Mex Chili With Beans, 15 oz can (UPC 2457500008)
• Great Value Chili With Beans, 15 oz can (UPC 8113179994)
• Great Value Hot Chili With Beans, 15 oz can (UPC 8113179995)
• Kroger Hot Dog Chili Sauce, 10 oz can (UPC 1111083942)
• Kroger Beef Stew, 15oz can (UPC 1111083928)
• Kroger Chili With Beans, 15 oz can (UPC 1111083930)
• Kroger Chili No Beans, 15 oz can (UPC 1111083908)
• Lowes Foods Chili No Beans, 15 oz can (UPC 4164301092)
• Lowes Foods Corned Beef Hash, 15 oz can (UPC 4164301094)
• Lowes Foods Chili With Beans, 15 oz can (UPC 4164301097)
• Meijer Hot Dog Chili Sauce, 10 oz can (UPC 4125085862)
• Meijer Chili No Beans, 15 oz can (UPC 4125095220)
• Meijer Chili With Beans, 15 oz can (UPC 4125095221)
• Meijer Corned Beef Hash, 15 oz can (UPC 4125095229)
• Morton House Chili With Beans, 15 oz can (UPC 7526665829)
• Morton House Corned Beef Hash, 15 oz can (UPC 7526665830)
• Morton House Chili With Beans, 15 oz can (UPC 7526665993)
• Paramount Hot Dog Chili Sauce, 10 oz can (UPC 7526600510)
• Paramount Chili for Hot Dogs, 15 oz can (UPC 7526600526)
• Paramount Chili No Beans, 15 oz can (UPC 7526600731)
• Paramount Chili With Beans, 15 oz can (UPC 7526600732)
• Piggly Wiggly Chili With Beans, 15 oz can (UPC 4129037252)
• Piggly Wiggly Chili No Beans, 15 oz can (UPC 4129037354)
• Piggly Wiggly Chili No Beans, 10 oz can (UPC 4129037355)
• Piggly Wiggly Corned Beef Hash, 15 oz can (UPC 4129037357)
• Prudence Corned Beef Hash, 15 oz can (UPC 4114100015)
• Southern Home Chili No Beans, 10 oz can (UPC 3825948713)
• Southern Home Chili No Beans, 15 oz can (UPC 0788015340)
• Southern Home Chili With Beans, 15 oz can (UPC 0788015341)
• Southern Home Corned Beef Hash, 15 oz can (UPC 0788015359)
• Steak n Shake Chili With Beans, 10 oz can (UPC 5184400120)
• Thrifty Maid Hot Dog Chili Sauce, 10 oz can (UPC 2114021367)
• Thrifty Maid Chili With Beans, 15 oz can (2114021370)
• Thrifty Maid Corned Beef Hash, 15 oz can (2114021375)
• Triple Bar Ranch Chili With Beans, 15 oz can (UPC 3030005801)
• Triple Bar Ranch Chili With Beans, 15 oz can (UPC 3030005804)
• Triple Bar Ranch Chili No Beans, 15 oz can (UPC 3030005805)
• Value Time Beef and Chicken Chili With Beans, 15 oz can (UPC 1122542159)

In addition, the following canned Natural Balance brand pet food products, which Castleberry’s co-packs for Natural Balance, are being recalled. These include:

• Natural Balance Eatables for Dogs Irish Stew With Beef, Potatoes & Carrots, 15 oz can (UPC 2363359860)
• Natural Balance Eatables for Dogs Chinese Take Out With Sauce With Vegetables and Chicken, 15 oz can (UPC 2363359861)
• Natural Balance Eatables for Dogs HOBO Chili With Chicken & Pasta, 15 oz can (UPC 2363359863)
• Natural Balance Eatables for Dogs Southern Style Dumplings With Chicken & Vegetables, 15 oz can (UPC 2363359862)

Consumers should not use these products even if they do not look or smell spoiled. Consumers with these products should dispose of them by double bagging in plastic bags that are tightly closed before being placed in a trash receptacle for non-recyclable trash outside of the home, according to the Food and Drug Administration. Additional instructions for safe disposal can be found at www.cdc.gov/botulism/botulism_faq.htm.

“There is nothing more important to us than the health of those who use our products every day,” said Steve Mavity, SVP Technical Services/Quality Assurance for Castleberry’s. “We are taking every step necessary, and are working hand in hand with health officials around the clock to ensure the safety of consumers.”

Mavity said, “We believe we have isolated the issue to a situation of under-processing on one line of our production facility. As an extra precaution to the recall we announced on Wednesday, we have shut down this line altogether and are recalling all products produced on it.”

Castleberry’s is working with the U.S. Food and Drug Administration (FDA), the United States Department of Agriculture (USDA), and the Centers for Disease Control and Prevention (CDC) to investigate possible contamination of these products.

Castleberry’s was notified by the FDA of two confirmed botulism cases and two potential botulism cases involving individuals who ate Hot Dog Chili Sauce products. No new cases have been reported since the recall was announced on July 18.

There have been no reported illnesses linked to Natural Balance canned pet food, but Castleberry’s recommends that all these products should be discarded. While botulism can affect some pets, dogs and cats are inherently resistant. The disease has only been seen occasionally in dogs and has not been reported in cats. Ferrets are highly susceptible to botulinum toxin. The incubation period can be two hours to two weeks; in most cases, the symptoms appear after 12 to 24 hours. Botulism is characterized by progressive motor paralysis. Typical clinical signs may include muscle paralysis, difficulty breathing, chewing and swallowing, visual disturbances and generalized weakness may also occur. Death usually results from paralysis of the respiratory or cardiac muscles. Pet owners who have used these products and whose pets have these symptoms should contact their veterinarian immediately.

Consumers with any questions should visit Castleberry’s Web site (www.castleberrys.com). A toll-free hotline is also available for consumer questions at 1-800-203-4412 or 1-888-203-8446.

####

FDA's Recalls, Market Withdrawals and Safety Alerts Page: http://www.fda.gov/opacom/7alerts.html

Tainted Treats from Walmart Suspected in Dog's Death - NOT Recalled , FDA Unaware

To contact us Click HERE
I've got a lot of posts started but not finished, this one can't wait. My heartfelt apologies for not posting much lately - reading thousands of your stories of sick and dying pets finally got to me, and I had to take an unplanned break. Now I'm right back into it, and with this article we see again that it's like it never happened, and it's like nothing has changed.

Thanks to ABC Action News out of Philadelphia for this... as always, the emphasis is mine. The product involved is Bestro Chicken Jerky Strips.

August 15, 2007 - A Delaware County woman says her dog died after eating dog treats made in China.

Wal-Mart has quietly pulled a made in China dog treat from its shelves. However, there has been no public announcement, and there's no telling how many contaminated bags of treats may still be out there.

Kate Collins of Aston still finds it hard to talk about. She loves her Chihuahuas. She has two now, but her youngest is gone. Two-year-old Bella died suddenly last month after eating Bestro Chicken Jerky Strips.

Bella was dead within a week. The other dogs didn't get the same treats and they're fine.

The animal hospital did an autopsy and found that Bella died of an infection caused by toxic bacteria.

Kate bought the treats at the Wal-Mart store in Boothwyn. She said it took her days to find a manager willing to talk to her.

Wal-Mart would not say how many complaints it has gotten, but an Internet search shows similar incidents across the country.

The company has issued a statement saying it cares about people and their pets, and ordered the treats removed from the shelves of all stores. Wal-Mart has since offered to reimburse Collins for up to $2,000, which, she said, doesn't come close to covering her loss. She also said it's not about the money. She just wants to get the word out.

The Food and Drug Administration is apparently unaware of this latest problem with pet food from China. A recall has not been issued. They failed to respond to our inquiries. Wal-Mart said if you have the Bestro Chicken Jerky Strips at home, you can return them for a full refund.

More on this, and other things, soon. Very soon.

Cat Owner Files Legal Action Against FDA in Pet Food Deaths

To contact us Click HERE
Thanks to Therese at www.petsitusa.com for letting us know about this, it's one of the most important things that has happened in this pet food fiasco. I've included most of the article below because it's so important, to read the rest of it go to consumeraffairs.com Don Earl's website is at petfoodrecallfacts.com. Emphasis below is mine.

A grieving cat owner has filed action in federal court to force the Food and Drug Administration (FDA) to “perform its duty” and investigate other toxins -- besides melamine -- as the culprit in this year’s massive pet food recall.

Don Earl of Port Townsend, Washington, also wants the court to order the FDA to stop what he considers “all activities (by the agency) involving the destruction of critical pet food evidence.”

...

Earl says he’s exhausted all other avenues to make the FDA investigate contaminates besides melamine for the kidney problems and deaths of thousands of pets nationwide that ate the tainted food.

In March, Menu Foods recalled 60 million containers of pet food. The FDA said the imported ingredients used to make the food -- wheat gluten and rice protein -- were tainted with the chemical melamine.

FDA officials said they traced the source of that melamine-contamination to two now-defunct companies in China.

But Earl, whose cat died in January after eating some of Menu’s pet food, says the FDA has ignored other likely causes for the pet food contamination.

“The five-month investigation by the FDA into circumstances surrounding the March 16, 2007 pet food recall, to date, may only be described as whimsical,” Earl writes in his petition. He is representing himself in this action.

“From the beginning, the FDA appears to be following a predetermined script, which is based exclusively on unsupportable theories related to melamine from China. Not only does the ‘melamine from China’ theory fail in the face of all available evidence, the FDA has moved aggressively to discount credible evidence which not only refutes the ‘melamine from China’ theories, but which have every indication, if properly investigated, of uncovering the true source of toxins responsible for the deaths of thousands of companion animals across the entire United States,” he argued.

One of those toxins is acetaminophen, Earl says.

And he has lab reports that support his conviction.

In May, Earl hired a private laboratory in Texas, ExperTox, to analyze samples of Menu’s Pet Pride “Turkey and Giblets” and “Mixed Grill” cat food. That’s the brand of food his beloved cat, Chuckles, ate before she suffered kidney problems and died.

Earl says he took this action because the FDA refused to accept samples of Chuckles pet food.

“Based upon the FDA’s refusal to investigate and apparent dereliction of its investigative duties…the Petitioner began an effort to independently investigate the matter,” he states in his petition.

Earl said ExperTox tested the same styles and lot numbers of Pet Pride cat food that he fed Chuckles.

And those tests detected the popular pain killer, acetaminophen, in the food, ConsumerAffairs.com confirmed.

The tests also uncovered another chemical in the food: cyanuric acid, which is commonly used in pool chlorination.

No Melamine

But they did not detect the chemical that triggered the largest pet food recall in U.S. history – melamine.

That didn’t surprise Earl.

“Melamine has impressed me as being a red herring since day one,” he said. “The substance has been the subject of credible scientific tests and studies for decades. Nothing supports the theory it could be lethal even in amounts 10 times the highest reported to be present in the food.”

Earl says the FDA has turned a blind eye to those scientific facts -- even ones reported by the agency’s experts -- and made contradictory statements about the source of the contamination.

The agency, he says, also disregarded scientific reports that revealed other toxins contaminated the pet food.

Earl cites several examples in his petition, including:

• This comment made by the FDA’s expert, Dr. Donald Smith, during a March 30 press conference: “We have not been able to match melamine or the crystals of melamine in terms of the morphology with the identification we’re seeing visually in the clinically affected cat. I want to state once again that there’s no evidence yet to tie in the melamine;”

• This statement made by the FDA’s Dr. Steven Sundlof during the March 30 press conference that contradicts Dr. Smith: “. . . at this time, none of the independent laboratories, whether it’s the Cornell laboratory or the FDA laboratory -- have been able to confirm the presence of aminopterin (a rat poison and cancer drug) in those samples. And therefore, we are focusing now on melamine;”

• The FDA’s repeated denials of the presence of acetaminophen in samples of Pet Pride’s food, which refute ExperTox’s findings. Earl quotes FDA spokespersons who said: “We cannot validate their (ExperTox’s) findings,” and “At this point, the FDA sees no compelling need to analyze anymore samples of acetaminophen.” Earl’s petitions also points out that ConsumerAffairs.com learned the FDA only tested a handful of samples for acetaminophen and could not confirm it analyzed the same samples in which ExperTox detected the pain killer.

Evidence Destroyed

Earl’s petition also alleges the FDA “systematically destroyed” crucial evidence during the pet food investigation.

“In this case destruction would be the appropriate disposition,” he quotes the FDA’s Dr. David Elder as saying when asked about the destruction of the recalled food.

The FDA’s Web site also stated “all tainted pet food…continues to be recalled and destroyed,” Earl writes in his petition.

He adds: “That critical evidence is being systematically destroyed in an investigation of this nature and scope is unheard of.”

It’s also illegal, Earl alleges.

“…with pending civil litigation and an ongoing federal investigation in progress, this spoliation of critical evidence is a criminal offense,” his petition states. “A court order is required before such destruction may be commenced.”

Earl’s petition further alleges that the FDA’s derelict actions have failed to ensure “foods are safe, wholesome and sanitary” and protect pets and their grieving owners.

“In addition to public safety issues, the deceptive manner in which the FDA has controlled, withheld, and otherwise manipulated critical information, and destroyed essential evidence, is to the detriment of a large class of pet owners who suffered damages caused by the poisoned pet food epidemic,” his petition states.

No Comment

ConsumerAffairs.com contacted the FDA about Earl’s petition. The agency, however, did not respond.

This is the second legal action Earl has taken in the wake of the pet food recall.

In July, he filed a $72,000 lawsuit against Menu Foods and Kroger for emotional and financial damages.

The lawsuit, filed in Washington Superior Court, alleges his cat died because her food contained acetaminophen.

“According to documents and studies published by the (American Society for the Prevention of Cruelty to Animals) ASPCA, due to their body chemistries, cats are unable to tolerate acetaminophen and no amount of acetaminophen is safe for cats,” the lawsuit states.

Wal-Mart using 'old' packages (update)

To contact us Click HERE
Update 8-28:

Apparently, Menu Foods and Wal-Mart jointly decided to use old packaging in order to save money. So they just had new labels printed to put over the old UPC code and are stamping QA-OK on pouches made since the recall.

That might make some of you feel better, but not me. In my opinion it shows their continued lack of concern for pet owners, and their focus on costs to the exclusion of common sense.

These companies don’t even seem to be aware they need to regain consumer confidence!

If you buy anything and Wal-Mart or any pet food made by Menu Foods, it’s at your own risk.

And, um, by the way - if it’s just new labels and the food is good, why did 4 new cats get sick?

***************


From wsfa.com out of Montgomery, AL. Wal-Mart is still selling cat food recalled months ago. One story from today, one from yesterday. Emphasis mine.

More Pet Food on Recall List Found on Wal-Mart Shelves

We introduced you to Sheri McComber Wednesday. She says four of her cats got sick after eating Special Kitty brand cat food. She checked the labels on the food and found they were listed on the product recall. She said, "This was done on purpose."

We found dozens of the pouches just like the one's McComber had at the Clanton Wal-Mart. At first glance, the product code checks out as safe. If you peel it off, you'll find another product code. I compared those numbers to the ones on the recall list on the FDA'S Web site. Sure enough, it's on the list. With the stickers over the product code, the items went through. However, I left one on the stickers off. When the cashier scanned the label on the package, it said do not sell and she would not let me purchase it.

We put in several calls to Menu Foods and Wal-Mart pressing the issue: Why would they cover the old labels with new ones? Wal-Mart issued statement. It reads: "We have worked with our supplier to investigate the concerns raised by WSFA 12 News. Menu Foods, the manufacturer of Special Kitty products, assures us that the products currently available in Wal-Mart stores are, indeed, safe."

During our phone conversation, a spokeswoman for Wal-Mart says the problem is with the packaging, not the prouduct. As to the problem with the packaging, Wal-Mart said we would have to ask Menu Foods about that. So far, we have been unable to get a comment from Menu Foods. The question still remains why would it cover the original labels. You can count on WSFA 12 News to continue to follow this story until we get answers.

Montgomery Woman Claims She Found Tainted Cat Food for Sale at Local Wal-Mart

Sheri McComber's cat Bubbles isn't his usual playful self. She says he's," weak and lethargic."

Three more of McCombers cats have the same symptoms. She says they got sick after eating Special Kitty cat food, one of the brands recalled.

"We have pulled the food," she said.

McComber bought the food, sold in pouches, at the Ann Street Wal-Mart. She says there was a warning sign when she purchased it. "One of the pouches would not scan. It said 'item not to be sold.' [The cashier] just picked up another one and scanned it twice," says McComber.

When her four cats became sick, she checked the labels on the food.

"I pulled back the sticker on the back and read the numbers. I checked the numbers with the recall list and it was the same," McComber said.

She hopes her story will keep other pets from getting sick and encourage owners to check their pet's food.

"I wonder if a lot of other people are taking their pets to the doctor because they don't know what's wrong with them either," said McComber

McComber's veterinarian has done blood work on the four cats. The results aren't back. So, they can't say for sure the food made the cats sick. We checked the Ann Street Wal-Mart to see if any of the tainted food was still on the shelves. It didn't have any Special Kitty pouches on the shelves.

Wal-Mart released a statement. It reads: "Pet food safety is a top priority at Wal-Mart, as we understand the important role that pets play in the lives of our customers. Since hearing from WSFA-TV , we began an investigation into the customer's concern."

Bone Meal contaminated with Melamine recalled months ago - with no public notice

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So now we find out that a quiet, unannounced recall of bone meal contaminated with melamine happened back in APRIL. Yeah, that April, the month right after March - when the recall was first announced. Wonder what they're hiding?

This from the FDA Enforcement Report in July, as far as I can tell this is the *only* place this information has been reported.

FDA Enforcement Report July 2007

RECALLS AND FIELD CORRECTIONS: VETERINARY MEDICINE - CLASS II

__________________________________
PRODUCT
Dry rendered tankage (DRT), also known as Crax, Recall # V-047-2007
CODE
23899, 23911, and 544044;
RECALLING FIRM/MANUFACTURER
Recalling Firm: Darling International, Inc., Irving, TX, by telephone on April 20, 2007, e-mail dated April 23, 2007, and by letter dated April 24, 2007.
Manufacturer: Darling National LLC, Wichita, KS. Firm initiated recall is complete.
REASON
Product contains melamine.
VOLUME OF PRODUCT IN COMMERCE
682,600 lbs.
DISTRIBUTION
KS and NE

RECALLS AND FIELD CORRECTIONS: VETERINARY MEDICINE - CLASS III

__________________________________
PRODUCT
Dry rendered tankage (DRT), also known as Crax, Recall # V-048-2007
CODE
23897, 23953, 23973, and 23937
RECALLING FIRM/MANUFACTURER
Recalling Firm: Darling International, Inc., Irving, TX, by telephone on April 20, 2007, e-mail dated April 23, 2007, and by letter dated April 24, 2007.
Manufacturer: Darling National LLC, Wichita, KS. Firm initiated recall is complete.
REASON
Product contains melamine.
VOLUME OF PRODUCT IN COMMERCE
682,600 lbs.
DISTRIBUTION
KS and NE

What exactly is "Dry-Rendered Tankage"?

From Wiki under Rendering

Materials that for aesthetic or sanitary reasons are not suitable for human food are the feedstocks for inedible rendering processes. Much of the inedible raw material is rendered using the "dry" method. This may be a batch or a continuous process in which the material is heated in a steam jacketed vessel to drive off the moisture and simultaneously release the fat from the fat cells. The material is first ground, then heated to release the fat and drive off the moisture, percolated to drain off the free fat, and then more fat is pressed out of the solids, which at this stage are called "cracklings" or "dry-rendered tankage". The cracklings are further ground to make meat and bone meal.

A variation on a dry process involves finely chopping the material, fluidizing it with hot fat, and then evaporating the mixture in one or more evaporator stages. Some inedible rendering is done using a wet process, which is generally a continuous process similar in some ways to that used for edible materials. The material is heated with added steam and then pressed to remove a water-fat mixture which is then separated into fat, water and fine solids by stages of centrifuging and/or evaporation. The solids from the press are dried and then ground into meat and bone meal. Most independent renderers process only inedible material.

Bone meal is a mixture of crushed and coarsely ground bones that is used as an organic fertilizer for plants and in animal feed. As a fertilizer, bone meal is primarily used as a source of phosphorus.

Bone meal once was often used as a dietary calcium supplement. Research in the 1980s found that many bone meal preparations were contaminated with lead and other toxic metals, and it is no longer recommended as a calcium source.

In the 1990s, bone meal was identified as a vector for bovine spongiform encephalopathy (BSE, or "mad cow disease") among livestock. It is believed that bone meal produced in the 1970s from the corpses of sheep bearing scrapie caused BSE in cattle when it was fed to them.

As Don Earl points out on petfoodrecallfacts.com,

Darling International recalled 1.4 million pounds of meat and bone meal adulterated with melamine at the end of April 2007. As most of us will remember, this was at the height of the melamine from China hype. So, why did the FDA wait over 3 months to add the recall to its site? Also, if melamine in pet food is a Class I recall, why is melamine in the meat and bone meal used for pet food a Class III recall? Inquiring minds would like to know. (37)

I'd like to know too Don.

Strangely, the FDA CVM (Center for Veterinary Medicine) newsletter mentions the Darling recall, but makes no mention of melamine.
http://www.fda.gov/cvm/FDAVet2007VolXXIINo1.htm

A Class II recall is ongoing by Darling National LLC of Omaha, NE, involving 1.36 million pounds of its Bulk Darling’s 85% Blood Meal, Flash Dried, distributed in totes and 1-lb. bags. Distribution took place in Wisconsin, Texas, Tennessee, Nebraska, Colorado, and Minnesota. The product is being recalled because some of the exempt bovine blood meal was cross-contaminated with prohibited bovine meat and bone meal that had been manufactured on common equipment, and the labeling did not bear the cautionary BSE statement that it should not be fed to ruminants.

Again, all of this begs the question... what don't we know that we should know? What else is out there killing our pets?

Wal-Mart pulled 2nd Dog Treat 27 days ago - STILL no announcement

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From the Washington Post, we find out that Wal-Mart quietly recalled two brands of dog treats, not just one as posted here last week. (Thanks Therese at petsitusa.com for the heads up)

LITTLE ROCK -- Wal-Mart Stores Inc. quietly stopped selling two brands of dog treats in July, after customers voiced concerns that the Chinese products may have caused their pets to fall ill, but no recall has been announced, a company spokeswoman confirmed.

The world's largest retailer started pulling Chicken Jerky Strips from Import-Pingyang Pet Product Co. and Chicken Jerky from Shanghai Bestro Trading on July 26, spokeswoman Deisha Galberth said late Monday.

Okay, let's count, shall we? 27 days since then that people who bought this product have continued to feed it to their dogs at home. How many sick dogs does that translate to? How many other dead dogs? WHY WHY WHY has this not been announced? 27 days! 27 days in which dogs could have gone to the vet, and received treatment if necessary. 27 days!

And even when the story broke last week, we only knew of the Shanghai Bestro brand, not the Import-Pingyang Pet Product Co brand. (Gee, wonder where these were made?)

Wal-Mart also placed a computerized block on all cash registers to prevent workers from selling the products, Galberth said.

Right, we saw how well this worked during the initial recall back in March, April, May, etc. (If you're new - it didn't work at all. And an FDA investigation into Wal-Mart found numerous stores still selling recalled products months after the recall began.)

"When we took it off shelves at the end of July, we pulled it based on the customer feedback so we could do testing prior to announcing anything publicly," Galberth said. "That's why did not make a public announcement _ it was still going through the testing process."

Unbelievable. And inexcusable. Listen up people - this shows - yet again - their lack of concern for you and your pets. What you do with your money is your concern, but I will never spend a penny in that store, ever.

Wal-Mart's action follows a massive pet food recall in March, when retailers began pulling products made in China that included the chemical melamine _ a contaminant that's a byproduct of several pesticides.

Galberth said she did not know what the specific customer complaints were about the dog treats, nor when the testing would be complete.

Uh huh. Wal-mart offers the woman whose dog died $2,000 for her loss, but yet claims not to know what the complaints were.

Galberth said she did not immediately know if the treats were sold at every Wal-Mart store.

"We are diligently testing this product," she said.

At which lab? How long does it take to get results? I doubt it takes 27 days.

Philadelphia television station WPVI reported last week that a woman claimed her 2-year-old Chihuahua died after eating Bestro Chicken Jerky Strips. The station reported that an autopsy found the dog died of an infection caused by toxic bacteria.

Yeah, I'm pissed. This just infuriates me. It's unbelievable, inexcusable, and it just boggles my mind. And of course it breaks my heart. And it keeps happening. Over and over these companies show their total lack of regard for us and for our pets. Over and over. Yet we still give them the benefit of the doubt. Why? It's time to take that away. Don't trust them. Don't believe them. Don't put your pet's lives in their hands. They don't deserve your trust. Not anymore.

To see the original post/story, click here

Added 4:31pm MT: I just read through some messages on the epinions.com message board. There are multiple reports of problems from 2006 through today.

And Pingyang had other dog treats refused by the FDA back in JUNE due to salmonella, see here .

And they also had numerous products refused in September 2006 due to Salmonella. See the FDA report here

USA Today is now working on this story, see HERE.

2 Brands of Mars Petcare Dry Dog Food Recalled - Krasdale Gravy and Red Flannel

To contact us Click HERE
Mars Petcare recalls two brands of dry dog food - Krasdale Gravy dry dog food and Red Flannel Large Greed Adult Formula dry dog food (thanks for the heads up Therese)

http://www.marspetcare.com/safety/index.html

Affected Products

Product: Krasdale Gravy dry dog food
Size: 5 pound bag
UPC Code: 7513062596
Best By Date: July 16 & 17, 2008
Best By Date Location: Back of bag
Affected Stores: Various stores located in Connecticut, Massachusetts, New Jersey, New York, and Pennsylvania.

Product: Red Flannel Large Breed Adult Formula dry dog food
Size: 50 pound bag
UPC Code: 4286900062
Best By Date: July 12, 2008
Best By Date Location: Back of bag
Affected Stores: The stores are located in Reedsville, PA and Richlandtown, PA

Select Krasdale Gravy Dry Dog Food 5lb Bags
Voluntarily Recalled in Five States
FRANKLIN, Tenn. – Mars Petcare US, Inc. today announces a voluntary recall of select five pound bags of Krasdale Gravy dry dog food sold in Connecticut, Massachusetts, New Jersey, New York, and Pennsylvania. The pet food is being recalled because it has the potential to be contaminated with Salmonella, which can cause serious infections in dogs and cats, and, if there is cross contamination, in people, especially children, the aged, and people with compromised
immune systems.

Select Red Flannel Large Breed Adult Formula Dry Dog Food 50lb
Bags Voluntarily Recalled in Pennsylvania
FRANKLIN, Tenn. – Mars Petcare US, Inc. today announces a voluntary recall of select 50 lb bags of Red Flannel Large Breed Adult Formula dry dog food sold in two stores in Pennsylvania.
Only three bags of product were actually sold, with only one bag still unaccounted for. The pet food is being recalled because it has the potential to be contaminated with Salmonella, which can cause serious infections in dogs and cats, and, if there is cross contamination, in people, especially children, the aged, and people with compromised immune systems.

Dog Treats sold at Wal-Mart Contain Melamine

To contact us Click HERE
From CNN...

LITTLE ROCK, Arkansas (AP) -- Tests of two Chinese brands of dog treats sold at Wal-Mart stores found traces of melamine, a chemical agent that led to another massive pet food recall in March, a spokeswoman said Tuesday.

Wal-Mart Stores Inc. quietly stopped selling Chicken Jerky Strips from Import-Pingyang Pet Product Co. and Chicken Jerky from Shanghai Bestro Trading in July, after customers said the products sickened their pets.

No recall was announced at that time, but Wal-Mart said in a statement Tuesday that customers who bought one of the products should return it to the nearest store for a refund.

Company spokeswoman Deisha Galberth said 17 sets of tests done on the products found melamine, a contaminant that's a byproduct of several pesticides.

"There were very small amounts of melamine found," Galberth told The Associated Press. "The amounts were so small the laboratory recommended more testing."

Galberth had said late Monday that Wal-Mart pulled the products off store shelves based on the customer feedback but wanted to complete the testing before announcing anything publicly.

More than 150 brands of pet food were recalled earlier this year after U.S. inspectors said wheat gluten from China that was used to make the food was tainted with melamine. An unknown number of dogs and cats died.

Since then, other Chinese products including tires, toothpaste, seafood, juice, and toys decorated with lead paint have been recalled or have come under scrutiny.

Galberth said she couldn't say if the amount of melamine found in its dog treats would be enough to sicken or kill a dog that ate the suspect products. The Delaware County (Pennsylvania) Daily Times reported last week that a woman claimed her 2-year-old Chihuahua died after eating some of the products. According to the report, an autopsy found the dog died of an infection caused by toxic bacteria.

Wal-Mart's statement Tuesday said customers should be especially wary of jerky from Shanghai Bestro Trading with the UPC number 0087784900006 and item number 839751.

The Food and Drug Administration did not list the two Wal-Mart products on its recall Web site Tuesday. As recently as 2005, the FDA blocked some pet treat imports from Pingyang Pet Product Co. because of contamination with salmonella.

Galberth said she was not aware of the FDA's previous concerns with Pingyang but said the company was working with the FDA and manufacturers. She said she did not immediately know where the Chinese companies were based.

Bentonville-based Wal-Mart, the world's largest retailer, pulled the products from shelves July 26 and placed a computerized block on all cash registers to prevent workers from selling the products. Galberth said she did not know how many stores sold the treats.

"Generally, we won't do a pull-and-hold unless most stores are impacted," she said. "There's a high likelihood many of our stores would have been impacted by this one."

I'm too pissed and too tired to say more than this is bullshit - how long have they known this and why are they just announcing it now? Dogs died needlessly! See my other posts about these deadly treats...

Wal-Mart using 'old' packages (update)

To contact us Click HERE
Update 8-28:

Apparently, Menu Foods and Wal-Mart jointly decided to use old packaging in order to save money. So they just had new labels printed to put over the old UPC code and are stamping QA-OK on pouches made since the recall.

That might make some of you feel better, but not me. In my opinion it shows their continued lack of concern for pet owners, and their focus on costs to the exclusion of common sense.

These companies don’t even seem to be aware they need to regain consumer confidence!

If you buy anything and Wal-Mart or any pet food made by Menu Foods, it’s at your own risk.

And, um, by the way - if it’s just new labels and the food is good, why did 4 new cats get sick?

***************


From wsfa.com out of Montgomery, AL. Wal-Mart is still selling cat food recalled months ago. One story from today, one from yesterday. Emphasis mine.

More Pet Food on Recall List Found on Wal-Mart Shelves

We introduced you to Sheri McComber Wednesday. She says four of her cats got sick after eating Special Kitty brand cat food. She checked the labels on the food and found they were listed on the product recall. She said, "This was done on purpose."

We found dozens of the pouches just like the one's McComber had at the Clanton Wal-Mart. At first glance, the product code checks out as safe. If you peel it off, you'll find another product code. I compared those numbers to the ones on the recall list on the FDA'S Web site. Sure enough, it's on the list. With the stickers over the product code, the items went through. However, I left one on the stickers off. When the cashier scanned the label on the package, it said do not sell and she would not let me purchase it.

We put in several calls to Menu Foods and Wal-Mart pressing the issue: Why would they cover the old labels with new ones? Wal-Mart issued statement. It reads: "We have worked with our supplier to investigate the concerns raised by WSFA 12 News. Menu Foods, the manufacturer of Special Kitty products, assures us that the products currently available in Wal-Mart stores are, indeed, safe."

During our phone conversation, a spokeswoman for Wal-Mart says the problem is with the packaging, not the prouduct. As to the problem with the packaging, Wal-Mart said we would have to ask Menu Foods about that. So far, we have been unable to get a comment from Menu Foods. The question still remains why would it cover the original labels. You can count on WSFA 12 News to continue to follow this story until we get answers.

Montgomery Woman Claims She Found Tainted Cat Food for Sale at Local Wal-Mart

Sheri McComber's cat Bubbles isn't his usual playful self. She says he's," weak and lethargic."

Three more of McCombers cats have the same symptoms. She says they got sick after eating Special Kitty cat food, one of the brands recalled.

"We have pulled the food," she said.

McComber bought the food, sold in pouches, at the Ann Street Wal-Mart. She says there was a warning sign when she purchased it. "One of the pouches would not scan. It said 'item not to be sold.' [The cashier] just picked up another one and scanned it twice," says McComber.

When her four cats became sick, she checked the labels on the food.

"I pulled back the sticker on the back and read the numbers. I checked the numbers with the recall list and it was the same," McComber said.

She hopes her story will keep other pets from getting sick and encourage owners to check their pet's food.

"I wonder if a lot of other people are taking their pets to the doctor because they don't know what's wrong with them either," said McComber

McComber's veterinarian has done blood work on the four cats. The results aren't back. So, they can't say for sure the food made the cats sick. We checked the Ann Street Wal-Mart to see if any of the tainted food was still on the shelves. It didn't have any Special Kitty pouches on the shelves.

Wal-Mart released a statement. It reads: "Pet food safety is a top priority at Wal-Mart, as we understand the important role that pets play in the lives of our customers. Since hearing from WSFA-TV , we began an investigation into the customer's concern."

FDA testing Dog Treats - More deaths - Other Retailers selling treats

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It's not clear from the comment in red below (my emphasis) whether they mean that other retailers are selling the same brand, or are selling the same product under a different name.

From the NY Times...

U.S. Is Checking Dog Treats Wal-Mart Says Are Tainted

The Food and Drug Administration said yesterday that it was checking dog treats recently withdrawn from Wal-Mart’s shelves but had not yet detected any chemical or biological contamination in the Chinese-made products.

A spokeswoman for Wal-Mart Stores, the world’s largest retailer, said it was aware of other companies’ selling the suspect products to pet owners.

And China, on the defensive over the safety of its products, lashed out at the United States yesterday by claiming that American soybean exports contained pesticides, poisonous weeds and dirt.

Wal-Mart, based in Bentonville, Ark., said this week that it had stopped selling Chicken Jerky Strips from the Import-Pingyang Pet Product Company and Chicken Jerky from Shanghai Bestro Trading in July, after customers said the products sickened their pets.

Wal-Mart said 17 tests showed trace levels of melamine, the same pesticide byproduct that led to a widespread pet food recall in March after an unknown number of dogs and cats died.

An F.D.A. spokeswoman, Kimberly Rawlings, said yesterday the agency was actively investigating Wal-Mart’s products in light of the store’s removal of the items from its shelves.

She also said in an e-mail message to The Associated Press that the agency had reviewed Wal-Mart’s lab report that mentioned 20 parts per million of melamine. “This level of melamine would not be expected to result in any animal illness,” she said.

A Wal-Mart spokeswoman, Deisha Galberth, said that with such small amounts of melamine found, its laboratory recommended more testing.

Ms. Galberth said Wal-Mart was aware of other retailers that were selling the products, but she declined to identify hem.

More than 150 brands of pet food were recalled this year after American inspectors said wheat gluten from China that had been used to make the food was tainted with melamine. An unknown number of dogs and cats died.

Since then, other Chinese products, including tires, toothpaste, seafood, juice and toys decorated with lead paint have been recalled or come under scrutiny.

And an article from wxpi.com in Pittsburgh -Local Woman Says Wal-Mart Treats Killed Dog

PITTSBURGH -- A local woman said her dog died from eating tainted dog treats.On Wednesday, Wal-Mart announced two brands of dog treats sold at its stores contained the chemical melamine.Those products were pulled from store shelves in July, but have not been recalled.Jodi Zeremski said her Chihuahua, Taco, never had health problems until she bought chicken jerky dog treats from Wal-Mart in early July.Soon after eating the treats, Taco reportedly became ill and had to be put down.A veterinarian said he died of kidney failure."Those were the only treats we bought. That was the only other thing that dog ate,” Zeremski said.Gretchen Fieser, of the Western Pennsylvania Humane Society, said, "Melamine typically causes kidney failure. Some of the signs of kidney failure are depression. They can become very lethargic, not having very much energy, lying around and vomiting."Wal-Mart has released a statement: "We will continue to work with the supplier to assure that the highest safety standards are met. Our thoughts are with anyone whose pet may have become ill."

And another one, from the record-bee.com -National Wal-Mart pet treat scare appears in Lake County (emphasis is mine)

LAKE COUNTY -- Vicki Stone of Cobb never knew that the dollars she hoped to save by purchasing her dog's favorite treat, Chicken Jerky Strips, at Wal-Mart in Clearlake could cost her favorite pet his life. "He's such a picky eater, but he loved the strips, he'd gulp them down," said Stone.

In July, Stone's husband saw a deal on chicken strips at Wal-Mart, so he picked up two packages. A week and a half later, their five-year old Shihtzu named Doc started having problems. They did everything possible, according to veterinarian Dr. Chris Holmes, but still the dog went into kidney failure and may not survive. If he does, his kidneys will only function at about 20 percent, and Doc will likely not live another two years.

The brand of food the Stone's fed Doc are one of two Chinese brands of dog treats sold at Wal-Mart Stores, Inc., the world's largest retailer, that the company claims they pulled off the shelves in July after customers said they made their dogs ill.

Tests on the products, Chicken Jerky Strips from Import-Pingyang Pet Product Co. and from Shanghai Bestro Trading show traces of melamine, a chemical agent responsible for a previous massive pet food recall in March, a spokesperson told the AP Tuesday.

"We didn't know until today that Stone was feeding those treats, but when we did it immediately clicked," said Dr. Holmes on Wednesday from Wasson Memorial Veterinary Clinic in Lakeport.

"The dog is experiencing obvious kidney failure due to this melamine from the Bestro chicken strips, the same exact brand has been recalled before, and we have had problems with other animals being poisoned by melamine from a previous recall of pet food in March," said Dr. Holmes.

"Doc started having problems at the end of July, we did blood work which came back fine, and found mild elevations in the kidney parameters, then we sent him to an intro-medicine specialist who did an ultra-sound down in Rohnert Park," he said.

"We looked into all the causes of kidney failure and knew that it was some toxin other than anti-freeze, which is the most common. The dog got much worse so last week we put him on IV fluids for 48 hours and he's doing much better, but we don't know how long he has. We have to wait and see," said Dr. Holmes.

According to Dr. Holmes, three dogs under his care died from the recall in March. A biopsy of one of the dog's kidneys was conducted and it was confirmed the dog had died of melamine poisoning from the tainted dog food products.

"I know corporate Wal-Mart did a recall, and Vicki Stone said they pulled all the stuff off the shelves in Clearlake yesterday. We do have other animals that will be affected by this, but we haven't proven that it's melamine. That can only be proven in a biopsy of the kidney," said Dr. Holmes.

Stone said, "I'm very, very upset. They said they pulled the products off their shelves but I'm going to make a trip there to be sure. I have a burning desire to know why the public wasn't notified about this."

"If it had been baby food it would have been all over the papers and media. I think that if Wal-Mart knew about this, and they waited to pull it and inform people, how negligent is that? This whole thing is about lack of responsibility," she said.

"People's pets are getting killed by this product. It's not like this is some American brand that hasn't had problems, this brand has killed dogs before," said Stone, who plans to take the $6,000 vet bill to the store to demand reimbursement.

"I'm going to take this all the way because I think it's hurting people, especially in this area where people can't afford to shop in a fancy pet store," said Stone.

Dr. Holmes said, "We're going to be seeing lots of problems, this is here in Lake County. These are companies that have had problems in the past, and Wal-Mart is not doing the necessary testing. I would not buy any food product from them."

Clearlake Wal-Mart manager Will Bacon told the Record-Bee on Wednesday that he could make no comment. Phone calls placed to the corporate headquarters and regional spokespersons were not returned Wednesday.

Wal-Mart spokesperson Deisha Galberth told the AP on Tuesday that Wal-Mart stopped selling the products July 26. Galberth said customers should return the products to the store for a refund.

Wal-Mart using 'old' packages (update)

To contact us Click HERE
Update 8-28:

Apparently, Menu Foods and Wal-Mart jointly decided to use old packaging in order to save money. So they just had new labels printed to put over the old UPC code and are stamping QA-OK on pouches made since the recall.

That might make some of you feel better, but not me. In my opinion it shows their continued lack of concern for pet owners, and their focus on costs to the exclusion of common sense.

These companies don’t even seem to be aware they need to regain consumer confidence!

If you buy anything and Wal-Mart or any pet food made by Menu Foods, it’s at your own risk.

And, um, by the way - if it’s just new labels and the food is good, why did 4 new cats get sick?

***************


From wsfa.com out of Montgomery, AL. Wal-Mart is still selling cat food recalled months ago. One story from today, one from yesterday. Emphasis mine.

More Pet Food on Recall List Found on Wal-Mart Shelves

We introduced you to Sheri McComber Wednesday. She says four of her cats got sick after eating Special Kitty brand cat food. She checked the labels on the food and found they were listed on the product recall. She said, "This was done on purpose."

We found dozens of the pouches just like the one's McComber had at the Clanton Wal-Mart. At first glance, the product code checks out as safe. If you peel it off, you'll find another product code. I compared those numbers to the ones on the recall list on the FDA'S Web site. Sure enough, it's on the list. With the stickers over the product code, the items went through. However, I left one on the stickers off. When the cashier scanned the label on the package, it said do not sell and she would not let me purchase it.

We put in several calls to Menu Foods and Wal-Mart pressing the issue: Why would they cover the old labels with new ones? Wal-Mart issued statement. It reads: "We have worked with our supplier to investigate the concerns raised by WSFA 12 News. Menu Foods, the manufacturer of Special Kitty products, assures us that the products currently available in Wal-Mart stores are, indeed, safe."

During our phone conversation, a spokeswoman for Wal-Mart says the problem is with the packaging, not the prouduct. As to the problem with the packaging, Wal-Mart said we would have to ask Menu Foods about that. So far, we have been unable to get a comment from Menu Foods. The question still remains why would it cover the original labels. You can count on WSFA 12 News to continue to follow this story until we get answers.

Montgomery Woman Claims She Found Tainted Cat Food for Sale at Local Wal-Mart

Sheri McComber's cat Bubbles isn't his usual playful self. She says he's," weak and lethargic."

Three more of McCombers cats have the same symptoms. She says they got sick after eating Special Kitty cat food, one of the brands recalled.

"We have pulled the food," she said.

McComber bought the food, sold in pouches, at the Ann Street Wal-Mart. She says there was a warning sign when she purchased it. "One of the pouches would not scan. It said 'item not to be sold.' [The cashier] just picked up another one and scanned it twice," says McComber.

When her four cats became sick, she checked the labels on the food.

"I pulled back the sticker on the back and read the numbers. I checked the numbers with the recall list and it was the same," McComber said.

She hopes her story will keep other pets from getting sick and encourage owners to check their pet's food.

"I wonder if a lot of other people are taking their pets to the doctor because they don't know what's wrong with them either," said McComber

McComber's veterinarian has done blood work on the four cats. The results aren't back. So, they can't say for sure the food made the cats sick. We checked the Ann Street Wal-Mart to see if any of the tainted food was still on the shelves. It didn't have any Special Kitty pouches on the shelves.

Wal-Mart released a statement. It reads: "Pet food safety is a top priority at Wal-Mart, as we understand the important role that pets play in the lives of our customers. Since hearing from WSFA-TV , we began an investigation into the customer's concern."