(PRESS RELEASE) EVANSVILLE, IN — A Settlement has been reached in a class action lawsuit against Midwestern Pet Foods, Inc. and Nunn Milling Co. (“Defendants”) that alleged Defendants marketed and sold pet food products contaminated with dangerous levels of aflatoxin, which can cause serious injury and death, and other pet food products contaminated with Salmonella, which can make pets sick. The Defendants deny the allegations in the lawsuit, and the Court has not decided who is right.
Am I a Settlement Class Member? You are a Settlement Class Member if you purchased one or more of the Midwestern Pet Food Products in the United States. For a full list of the Pet Foods Products covered by this Settlement, visit www.mwpfsettlement.com.
What does the Settlement Provide? Defendants have agreed to create a $6,375,000 Settlement Fund to be used to pay cash benefits to Settlement Class Members, class notice and settlement administration costs, attorneys’ fees and expense reimbursements, and service awards to the Class Representatives. If you are a Settlement Class Member and submit a valid claim, you will receive a payment from the Settlement Fund. Settlement Class Members can recover money by submitting valid Pet Injury Claims (e.g., payments for pet illness or death and related losses; breeder losses) and/or Consumer Food Purchase Claims (e.g., refunds for pet food purchase price). Generally, claims supported by documentation will be paid at higher amounts. Payment amounts may also be reduced depending on the number of valid claims submitted. For more information about the cash benefits available and to file Claims online, go to www.mwpfsettlement.com.
Your Options. Settlement Class Members seeking monetary benefits must complete and submit a Claim Form to the Claims Administrator by August 3, 2023. Claim Forms can be submitted online at www.mwpfsettlement.com or by mail. If by mail, the Claim Form must be postmarked by August 3, 2023. You can also exclude yourself from, or object to the Settlement on or before August 3, 2023. If you do not exclude yourself from the Settlement, you will remain in the Class and will give up the right to sue the Defendants about the legal issues in this litigation. A summary of your rights under the Settlement and instructions regarding how to submit a claim, exclude yourself, or object are available at www.mwpfsettlement.com.
The Court will hold a Final Approval Hearing on August 21, 2023, at 11:00 a.m. (CST). At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and consider Class Counsel’s request for attorneys’ fees (not to exceed 33.33% of the Settlement Fund), expense reimbursement up to $125,000, and a $3,500 service award for each Class Representative. The Court will also listen to people who have asked to speak at the hearing. You may attend the Hearing at your own expense, or you may also pay your own lawyer to attend, but it is not necessary.
This notice is a summary. The Settlement Agreement and more information about the lawsuit and Settlement are available at www.mwpfsettlement.com or by calling toll-free 1-888-501-9437.