A national class action lawsuit (in Canada) has been commenced on behalf of pet owners who have purchased certain types of dog and cat food manufactured by Menu Foods.

The claim seeks compensation for all those who have purchased dog or cat food manufactured by Menu Foods between December 3, 2006 and March 6, 2007.

The Notice of Action, issued today in the Ontario Superior Court of Justice, alleges that certain Menu Foods failed to implement quality assurance procedures and failed to adequately test the dog and cat food prior to introducing it into the Canadian market.

On March 17, 2007, Menu Foods issued a North American wide recall of 48 brands of dog food and 42 brands of cat food which they manufacture, distribute, market and sell throughout Canada and the United States. This recall was in response to reported deaths of cats and dogs in the United States. Rochon Genova LLP has commenced an investigation to determine the precise link between the food, kidney failure, other illnesses and death.

The proposed representative plaintiff’s cat died as a result of kidney failure after ingesting Menu Foods cat food. Acute renal failure and death are allegedly linked to the ingestion of certain types of dog and cat food manufactured by Menu Foods.

“Not only does a chronically ill pet come with a financial impact, it can be devastating to a family.” said Joel P. Rochon co-lead counsel. “Pet Food companies have an obligation to ensure there are quality control mechanisms in place, particularly since this is a largely self regulating sector in Canada” added David Himelfarb co-lead counsel.

The proposed Canadian representative plaintiff, Amanda Whiting of Toronto, Ontario, stated: “My veterinarian does not think that my cat will live much longer than another day. If Menu Foods recalled the food in a timely manner, I would not have to deal with the death of my cat.”

The allegations raised in the claim have not yet been proven in court. The plaintiff and the prospective class members are represented by the law firms of Rochon Genova LLP and Himelfarb Proszanski LLP For more information, please contact:

CONTACT: Rochon Genova LLP, 121 Richmond St. W, Suite 900, Toronto,
Ontario, M5H 2K1, Telephone: (416) 363-1867 or toll-free: 1-866-881-2292,
Website address: www.rochongenova.com; Himelfarb Proszanski LLP, 250 Dundas
St. W., Suite 401, Toronto, Ontario, M5T 2Z5, Telephone: (416) 599-8080,
Website address: www.himprolaw.com