Nestle Purina PetCare Co., a unit of Nestle SA, lost a bid to dismiss a lawsuit by dog owners who alleged their pets got sick or died from eating Chinese-made Waggin’ Train chicken jerky treats.
U.S. District Judge Robert Gettleman in Chicago today refused to toss out the case, saying the plaintiffs provided sufficient facts to make a plausible claim the treats were defective. The judge threw out some claims because they were preempted by product liability statutes in the plaintiffs’ home states.
Bill Salzman, a spokesman for St. Louis-based Nestle Purina, said in an e-mailed statement that the company hadn’t had a chance to fully review the ruling and wouldn’t comment while the lawsuit is pending.
The case is Adkins v. Nestle Purina PetCare Co., 12-cv-02871, U.S. District Court, Northern District of Illinois (Chicago).