Reno woman sues maker of pet food

RENO -- A Reno woman has filed a federal lawsuit against the manufacturer of recalled pet food, claiming Iams brand food killed her 20-year-old cat, Patches.

Marion Streczyn seeks unspecified damages from Ontario, Canada-based Menu Foods in the lawsuit filed in U.S. District Court in Reno.

Menu Foods spokesman Sam Bornstein said Friday that the company would have no comment.

The company, which makes "cuts and gravy style" dog and cat food sold under nearly 100 store labels and major brands, recalled 60 million containers in mid-March after cats fell sick and died during routine company taste tests.

The recall has since expanded to include earlier dates and other brands, and at least six pet food companies have recalled products made with imported Chinese wheat gluten tainted with an industrial chemical. The Food and Drug Administration said tests indicated the food was contaminated with melamine, which is used as a fertilizer and in the manufacture of cutlery and kitchenware.

FDA officials, however, have cautioned that it's uncertain whether the chemical caused the deaths.

While the FDA has confirmed about 16 pet deaths from tainted food, other sources put the death toll much higher. The Web site www.petconnection.com said as of Thursday, more than 4,000 animals have died, based on information from pet owners.

Streczyn's lawsuit filed April 2 joins a growing number of others filed around the country against the pet food maker and is believed to be the first in Nevada, her attorney, Brian O'Mara, said Friday.

It raises claims of negligence, product liability and breach of implied and express warranty. It further argues that the company received "unjust enrichment" by selling the tainted pet food.

Other clients are considering joining the lawsuit, which seeks certification by the court as a class action, O'Mara said.

O'Mara said certification will be a "major hurdle," and he doesn't expect that to be decided for a number of months.

In the lawsuit, Streczyn said she purchased and began feeding her cat Iams Select Bites cat food in December. By February, the lawsuit said, Patches developed trouble urinating and was vomiting.

Streczyn took the cat to a veterinarian Feb. 3, and after three days of tests and observation, was told Patches' problem was in her kidneys.

The vet put her on antibiotics and steroids to help her eat, and changed her diet, the lawsuit said. But the animal couldn't stop vomiting, was in grave pain, and had to be euthanized 10 days later.

Though the cat was 20 years old, O'Mara said she was "in great shape."

"The fact of the matter is, Patches never had a problem until she started eating the poison food," he said.