On Monday, February 6, 2023, United States Magistrate Judge Matthew P. Brookman of the U.S. District Court for the Southern District of Indiana Evansville Division granted preliminary approval of a class action settlement to resolve claims arising from the sale of pet foods allegedly contaminated with toxic substances.
Under the terms of the agreement, a $6,375,000 settlement fund will be created from which class members may submit injury claims. Judge Brookman also appointed Settlement Class Counsel, including Managing Partner Kenneth A. Wexler. A Final Approval Hearing has been scheduled for August 21, 2023.
The lawsuit, In re: Midwestern Pet Foods Marketing, Sales Practices, and Product Liability Litigation, Case No.: 3:21-cv-00007, was filed by WBE and co-counsel in early 2021 following a major recall of multiple Sportmix pet food products in which “potentially fatal levels” of toxic mold and Salmonella were discovered during routine FDA testing.