Attorney Thomas Grande from Grande Law Offices and attorney Emily Gardner of Clay Chapman Crumpton Iwamura & Pulice represented Hawaii consumers in the class action lawsuit.
"We're extremely pleased with the settlement, which sets up a fund for reimbursement of the cost of recalled pet food, as well as veterinary examinations that were conducted to verify the health of pets following Menu Foods' announcement of its recall," said Emily Gardner. The settlement includes all residents of the State of Hawaii who purchased pet food in the State of Hawaii that was manufactured by Menu Foods on or between November 8, 2006 and March 7, 2007 and that was recalled on or between March 16, 2007 and the present. According to Gardner, this particular settlement applies only to owners of pets who did not suffer any type of injury including death. "Cases in which Hawaii pets became ill or died are being litigated separately in state court due to the individual factors involved in each of the claims," she said.The Hawaii class action settlement is momentous for various reasons, according to Thomas Grande. One of these reasons is that the class action case is the very first against the pet food manufacturer to be classified as such. In addition, the Hawaii case was the only class action to be decided in state courts rather than going federal. "The remaining 120 class action cases filed across the United States and Canada are being settled on a group basis, leaving each state and province to compete for a limited amount of funds," said Grande.
The settlement for Hawaii pet owners establishes a fund of $240,000 for compensation of class claims. The fund is also intended to cover attorneys' fees as well as fund administration costs. The attorneys involved in the case expect that thousands of pet owners may be entitled to compensation. Those consumers who bought products recalled by Menu Foods can be paid back for the cost of the tainted pet food that they bought. The fund also intends to cover the cost of a veterinary examination to make certain that their pet's health is intact. The reimbursements are to be made upon submission of proof of purchase of the pet food products in question as well as the subsequent veterinary services.
But what happens if you did not keep the receipts of all the pet food you purchased? After all, pet food is not an item one would routinely keep all receipts for. "We understand that many people may not have kept receipts of their pet food purchase," Grande noted. The terms of the class action settlement in Hawaii determine that any and all funds that are not claimed by consumers will be distributed as donations to the Humane Societies on the Hawaiian islands, allowing Hawaii's pets to benefit directly from the settlement.