Mid America Pet Food Recall Lawsuit Claims Salmonella Contamination

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February 7, 2024

by Brian Eckert

A Milberg class action lawsuit accuses Mid America Pet Food LLC of deceptive and misleading business practices for selling dog and cat food that may contain salmonella. The lawsuit follows a recall—first announced in October 2023 and expanded in November—of multiple brands manufactured by the defendant at their Mount Pleasant, Texas facility.

New York residents who purchased any of the pet food products named in the lawsuit may be eligible to join this action and recover compensation.

Pet Deaths Linked to Salmonella Infection

Mid America Pet Food issued a voluntary recall of Victor Super Premium Dog Food, Select Beef Meal & Brown Rice Formula, on October 30, 2023. The recall was expanded on November 9 to include additional pet food products, including recipes of these brands:

  • Victor Super Premium
  • Wayne Feeds
  • Eagle Mountain
  • Member’s Mark

According to the company, products contaminated with salmonella could pose health risks to animals eating the products and humans handling them. A full list of the recalled pet foods can be found on the FDA website.

Two dog owners filed a lawsuit in Texas alleging that their animals had to be euthanized due to salmonella illness from Mid America Pet Food. Family members also reportedly became sick from contact with the food.

Rise of the Healthy Pet Food Industry

Americans are increasingly conscious of what they eat. And this trend has carried over to what they feed their pets.

A recent analysis from NielsenIQ notes that health-aware pet owners are more likely to “read labels closely and seek out products that match their pets’ specific dietary needs and their own values.”

In the second quarter of 2021, searches for pet food characteristics like organic, low-calorie, diabetic support, and seafood-based saw as much as triple digit growth compared to the previous quarter, the report adds.

Consumers have become increasingly concerned about the effects of ingredients in products that their pets orally ingest. Companies, such as Defendant, have capitalized on consumers’ desire for pet food products, and indeed, consumers are willing to pay, and have paid, a premium for these products.

Mid America Pet Food, founded in 2007, offers “super premium pet nutrition to fuel your loyal companions.” It is best known for its Victor brand, which is primarily sold in farm and feed stores and independent pet stores, as well as online through select retailers.

Private equity firm TA Associates acquired Mid America Pet Food in 2020. Mid America has displayed a “history of growth” since its founding, including a 30% compound annual growth rate over the past seven years. Last year, Mid America completed a $40 million expansion project at its East Texas plant.

Milberg Lawsuit: Defendant Failed to Disclose Salmonella

Mid America Pet Food states on its website that the company’s products are quality tested in “multiple stages” and subject to a “rigorous and credible food safety program” to ensure “the health and safety of the pets eating our products.”

However, Mid America did not disclose on product packaging that that consumption of its products may increase the risk of contracting salmonella, a foodborne bacterium that can cause potentially serious infection.

The lead plaintiff in Milberg’s class action complaint purchased Mid America Pet Food products for his dog. After eating the food the dog became ill.

Plaintiff says that he relied on the defendant’s false, misleading, and deceptive representations and omissions when purchasing the products and would not have purchased them had he known they contain, or are at risk of containing, salmonella. As a result, he and the class members suffered monetary damages, plaintiff claims.

The lawsuit cites violations of the New York General Business Law and seeks to establish a class consisting of all New York residents who bought any of the named Mid America Pet Food products.

Nick Suciu III, Trenton R. Kashima, and Russell Busch of Milberg are representing plaintiff and the class in this matter, filed in U.S. District Court for the Southern District of New York.

Since 1965, Milberg—the firm that pioneered federal class action litigation—has filed thousands of class action lawsuits, recovered tens of billions of dollars for our clients, and prompted corporate reforms through legal action.