Pet Food Class Action Settlement, Claim $125 with No Receipts

Pet Food Class Action Settlement, Claim $125 with No Receipts

Did you purchase any Midwestern Pet Food Product(s) that were recalled on December 30, 2020, January 11, 2021, and March 26, 2021, that are covered by this Settlement? If so, you may be entitled to compensation. There may also be additional compensation available if your pet became ill or died because of the affected product.

According to NBC, “The Food and Drug Administration sent a warning letter to a pet food manufacturer Tuesday, saying the brand’s foods are thought to be linked to more than 130 pet deaths and 220 pet illnesses.”

The settlement is known as In re: Midwestern Pet Foods Marketing, Sales Practices and Product Liability Litigation, United States District Court for the Southern District of Indiana, Case no. 3:21-cv-00007.

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How do I file a claim?

Head on over to the website, where you can learn more and file a claim.

What’s this settlement about?

Plaintiffs allege that Defendants marketed and sold pet food products contaminated with dangerous levels of aflatoxin, which can cause serious injury and death, and other pet food products contaminated with Salmonella, which can make pets sick. Each Defendant denies that Plaintiffs’ claims are meritorious and denies that it is liable to Plaintiffs or any member of the Settlement Class for any of the matters asserted in the Action.

What Products are Included? Where were they sold?

You can view the whole list of 130 products at the Midwest Pet Food Settlement website, here.

These products were sold nationwide at larger stores such as Walmart, Tractor Supply, and more, as well as online at major retailers such as Amazon.com, Chewy.com and others.

Who is eligible for a refund?

“All persons and entities residing in the United States who purchased one or more of the Midwestern Pet Food Products.”

Is a receipt required?

Proof of purchase is not required. However, if you have receipts, you may be able to claim more.

How much will I get back?

1. Pet Injury Claims

Settlement Class Members who submit valid Pet Injury Claims shall have their claims valued and paid as follows (all Pet Injury Claims will be paid consistent with the Court-approved Plan of Allocation):

1. Fully Documented Pet Injury Claims: Paid at 100% of approved documented losses. Documentation includes invoices, receipts, cancelled checks, veterinarian records, business records, pet purchase records, and other similar evidence of actual out of pocket expenses or losses or anticipated future expenses (e.g., medications or special foods necessary because of the exposure to recalled pet foods). Pet Injury Claims supported solely by a declaration will not qualify. Each Valid Claim Form submitted by a Settlement Class Member that seeks compensation for Pet Injury Claims is initially capped at $150,000. If additional Settlement funds are available after each valid claim is valued at 100% of its approved amount, then those claims initially capped at $150,000 will be eligible for additional funds. Payment amounts may be reduced depending on the number of valid claims submitted.
2. Pet Injury Claims Documented Solely by Declaration: Paid at $75 for pets that became ill but did not die and $150 for pets that died. Payment amounts may be reduced depending on the number of valid claims submitted. Pet Injury Claims supported solely by declaration(s) and which are not credible as determined by the Settlement Administrator will be rejected.
3. Breeder Claims: Each Valid Claim Form submitted by a Settlement Class Member who is or was a breeder that seeks compensation for Pet Injury Claims related to the breeding business and/or operation and is properly supported by documentation (proper documentation must be more than solely a declaration) is subject to the initial $150,000 cap described above in subpart (a). However, if additional Settlement funds are available after each valid claim is valued at 100% of its approved amount, then those claims initially capped at $150,000 will be eligible for additional funds. Payment amounts may be reduced depending on the number of valid claims submitted.
4. If there are adequate funds available in the Net Settlement Fund (defined as the Settlement Fund minus payments for class notice, Settlement administration, attorneys’ fees and expense reimbursements, and service awards to the Class Representatives) after the valuation of all valid claims at their full value, then each valid Fully Documented Pet Injury Claim will be increased up to 3 times its original valuation. For example, a Fully Documented Pet Injury Claim initially approved for a $1,000 payment will be increased up to a $3,000 payment if sufficient funds are available in the Net Settlement Fund. Unless the Court orders otherwise, any increase described above will be capped at $10,000.
5. If the value of the Net Settlement Fund is not adequate to fully fund the initial valuation of all valid claims at their full value, then each valid claim (Pet Injury Claims and Consumer Food Purchase Claims) will be decreased on a pro rata basis.

2. Consumer Food Purchase Claims

Settlement Class Members who submit valid Consumer Food Purchase Claims shall have their claims valued and paid as follows (all Consumer Food Purchase Claims will be paid consistent with the Court-approved Plan of Allocation):

1. Documented Claims: 100% of approved submitted losses if losses are supported by documentation (e.g., receipts; invoices; shipping order forms; confirmation emails; proof of payment; etc.)
2. Undocumented Claims: $25 for each bag of Midwestern Pet Food Products purchased, up to two (2) bags. Each Undocumented Claim is capped at $50.
3. If the value of the Net Settlement Fund is not adequate to fully fund the initial valuation of all valid claims at their full value, then each valid claim (Pet Injury Claims and Consumer Food Purchase Claims) will be decreased on a pro rata basis.
4. Consumer Food Purchase Claims are not eligible to be increased.

What’s the deadline to file a claim?

August 3, 2023.

What is a class action lawsuit settlement?

For example, a class action lawsuit is one with multiple plaintiffs. In other words, there is more than one person being represented by the lawsuit. In other words, a plaintiff or plaintiffs file the case on behalf of many people who were affected by aren’t involved in the actual suit. For example, if you purchased an item that was later determined to be involved in a class action lawsuit, you may be entitled to compensation. If you’re included in the class or group of people affected, then you can file a claim to receive money, coupons or replacement products. But, each case is different, and each will specify who is included. In addition, class action lawsuits may require proof that you are part of the group of affected people. In this case, proof of purchase or other specified proof is needed. However, in some cases, no proof is required. In that case, you can file a claim without proving that you are part of the class of people affected. Of course, when you file a claim you are doing so under penalty of perjury. So, do not file if you do not qualify.

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