Frequently Asked Questions

  1. What is the purpose of the Notice?

    If you received the Notice, it is because you have been identified as a possible Settlement Class Member in a proposed Settlement of a federal class action lawsuit pending in the United States District Court for the Southern District of Indiana (In re: Midwestern Pet Foods Marketing, Sales Practices and Product Liability Litig., Case No. 3:21-CV-00007-RLY-MPB (S.D. Ind.)(the “Litigation”)). You are a Settlement Class Member if you are a person or entity residing in the United States who purchased one or more of the Midwestern Pet Food Products.

    Members of the proposed Settlement Class have a right to know about the Litigation and proposed Settlement. The judge who is overseeing the case, the Honorable Magistrate Judge Matthew P. Brookman, authorized the Notice, which explains the Litigation, the proposed Settlement, the legal rights, what benefits are available, who is eligible for them, and how to obtain them. Settlement Class Members have various options that they may exercise before the Court decides whether to approve the proposed Settlement. If the Court approves the proposed Settlement and the Settlement becomes in all respects final, then Defendants will provide certain benefits to the Settlement Class Members who filed a valid Claim Form for Pet Injury Claims and/or Consumer Food Purchase Claims. Payment amounts may be reduced depending on the number of valid claims submitted.

    To view a copy of the Notice, click here.

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  2. What is this lawsuit about?

    Plaintiffs allege that 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. Each Defendant denies that Plaintiffs' claims are meritorious and denies that it is liable to Plaintiffs or any member of the Settlement Class for any of the matters asserted in the Action.

    You can read the Plaintiffs' allegations in the Consolidated Class Action Complaint.

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  3. What is a class action and who is involved?

    In a class action lawsuit, one or more persons, called “Named Plaintiffs”, sue on behalf of other people who are alleged to have similar claims (“Proposed Class”). The Named Plaintiffs and the Proposed Class are collectively called the “Plaintiffs,” and their attorneys are referred to as “Class Counsel.” The companies that have been sued (here, Nunn Milling Co. and Midwestern Pet Foods, Inc.) are called the “Defendants.” In a class action lawsuit, all factual questions and legal issues are resolved for all Plaintiffs, except for those people who choose to exclude themselves from the Class. Judge Richard L. Young and Magistrate Judge Matthew P. Brookman are presiding over this class action.

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  4. Why is there a proposed Settlement?

    The Court has not decided in favor of Plaintiffs or Defendants. Instead, both sides agreed to a proposed Settlement on behalf of everyone in the proposed Settlement Class. By agreeing to a proposed Settlement, all parties avoid the cost of a trial, and Settlement Class Members are eligible to receive certain agreed-upon benefits which will be provided if the proposed Settlement is approved and becomes Final. Payment amounts may be reduced depending on the number of valid claims submitted. The Class Representatives and Class Counsel believe the proposed Settlement is in the best interests of Settlement Class Members.

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  5. Am I part of this Settlement Class?

    The Court preliminarily approved the following class for Settlement purposes only:

    "All persons and entities residing in the United States who purchased one or more of the Midwestern Pet Food Products."

    For a complete list of the Pet Food Products covered by this Settlement, see List of Recalled Products here.

    Excluded from the class are: the Plaintiffs in Simmons v. Midwestern Pet Foods, Inc., Case No. 6:21-cv-03012 (W.D. Mo. 2021); persons or entities whose claims are solely based upon the purchase of Midwestern Pet Food Products for resale; corporate officers, members of the board of directors, and senior management of Defendants; Settlement Class Members who previously contacted Defendants prior to and during the pendency of this litigation, signed a release and in exchange received financial compensation from Defendants; any and all judges and justices, and chambers’ staff, assigned to hear or adjudicate any aspect of this litigation; any members of the Settlement Class that opt out prior to the opt out deadline; any entity in which Defendants have a controlling interest, and their legal representatives, officers, directors, employees, assigns and successors; and Class Counsel.

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  6. I’m still not sure if I am included.

    If you are still not sure whether you are included in the Settlement Class or have any other questions about the Settlement, you can contact the Settlement Administrator by calling the toll-free number, 1-888-501-9437, or write to Class Counsel at the address listed in FAQ 27.

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  7. What Pet Food Products are covered by this Settlement?

    For a complete list of the Pet Food Products covered by this Settlement, click here.

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  8. What benefits are available and for whom?

    As part of this Settlement, Defendants have agreed to create a $6,375,000 Settlement Fund that is to be used to pay benefits to Settlement Class Members, class notice and Settlement administration costs, attorneys' fees and expense reimbursements, and service awards to the Class Representatives. Payment amounts may be reduced depending on the number of valid claims submitted.

    Settlement Class Members are eligible to file claims for payments from the Settlement Fund for Pet Injury Claims, Breeder Claims, and/or Consumer Food Purchase Claims. For more information on how to submit a claim, please see FAQ 10. The Claim Filing Deadline was August 3, 2023. Claims and supporting documents are no longer accepted.

    1. Pet Injury Claims

    Settlement Class Members who submit valid Pet Injury Claims shall have their claims valued and paid as follows (all Pet Injury Claims will be paid consistent with the Court-approved Plan of Allocation):

    1. Fully Documented Pet Injury Claims: Paid at 100% of approved documented losses. Documentation includes invoices, receipts, cancelled checks, veterinarian records, business records, pet purchase records, and other similar evidence of actual out of pocket expenses or losses or anticipated future expenses (e.g., medications or special foods necessary because of the exposure to recalled pet foods). Pet Injury Claims supported solely by a declaration will not qualify. Each Valid Claim Form submitted by a Settlement Class Member that seeks compensation for Pet Injury Claims is initially capped at $150,000. If additional Settlement funds are available after each valid claim is valued at 100% of its approved amount, then those claims initially capped at $150,000 will be eligible for additional funds. Payment amounts may be reduced depending on the number of valid claims submitted.
    2. Pet Injury Claims Documented Solely by Declaration: Paid at $75 for pets that became ill but did not die and $150 for pets that died. Payment amounts may be reduced depending on the number of valid claims submitted. Pet Injury Claims supported solely by declaration(s) and which are not credible as determined by the Settlement Administrator will be rejected.
    3. Breeder Claims: Each Valid Claim Form submitted by a Settlement Class Member who is or was a breeder that seeks compensation for Pet Injury Claims related to the breeding business and/or operation and is properly supported by documentation (proper documentation must be more than solely a declaration) is subject to the initial $150,000 cap described above in subpart (a). However, if additional Settlement funds are available after each valid claim is valued at 100% of its approved amount, then those claims initially capped at $150,000 will be eligible for additional funds. Payment amounts may be reduced depending on the number of valid claims submitted.
    4. If there are adequate funds available in the Net Settlement Fund (defined as the Settlement Fund minus payments for class notice, Settlement administration, attorneys’ fees and expense reimbursements, and service awards to the Class Representatives) after the valuation of all valid claims at their full value, then each valid Fully Documented Pet Injury Claim will be increased up to 3 times its original valuation. For example, a Fully Documented Pet Injury Claim initially approved for a $1,000 payment will be increased up to a $3,000 payment if sufficient funds are available in the Net Settlement Fund. Unless the Court orders otherwise, any increase described above will be capped at $10,000.
    5. If the value of the Net Settlement Fund is not adequate to fully fund the initial valuation of all valid claims at their full value, then each valid claim (Pet Injury Claims and Consumer Food Purchase Claims) will be decreased on a pro rata basis.

    2. Consumer Food Purchase Claims

    Settlement Class Members who submit valid Consumer Food Purchase Claims shall have their claims valued and paid as follows (all Consumer Food Purchase Claims will be paid consistent with the Court-approved Plan of Allocation):

    1. Documented Claims: 100% of approved submitted losses if losses are supported by documentation (e.g., receipts; invoices; shipping order forms; confirmation emails; proof of payment; etc.)
    2. Undocumented Claims: $25 for each bag of Midwestern Pet Food Products purchased, up to two (2) bags. Each Undocumented Claim is capped at $50.
    3. If the value of the Net Settlement Fund is not adequate to fully fund the initial valuation of all valid claims at their full value, then each valid claim (Pet Injury Claims and Consumer Food Purchase Claims) will be decreased on a pro rata basis.
    4. Consumer Food Purchase Claims are not eligible to be increased.
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  9. How to file Breeder Claims?

    The Claim Filing Deadline was August 3, 2023. Claims and supporting documents are no longer accepted.

    In addition to the documentation as described in FAQ 8, Settlement Class Members seeking payments for losses related to injured, sick, or dead pets used for profit (breeding) must also provide a copy of their commercial license or other state or federal permit (if required) that was valid at the time the pet died, became injured or sick. Each Valid Claim Form submitted by a Settlement Class Member who is or was a breeder that seeks compensation for Pet Injury Claims related to the breeding business and/or operation and is properly supported by documentation (proper documentation must be more than solely a declaration) is subject to the initial $150,000 cap. Payment amounts may be reduced depending on the number of valid claims submitted.

    For more information, please contact Class Counsel. Their contact information can be found in FAQ 18.

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  10. How do I file a claim?

    The Claim Filing Deadline was August 3, 2023. Claims and supporting documents are no longer accepted.

    If you are an eligible Class Member and you do not exclude yourself from the Settlement, and if you wish to receive a payment from the Settlement, then you must have submitted a valid Claim Form by August 3, 2023.

    If you have received the “Undocumented Consumer Pet Food Purchase Claim Form” in the mail, then you may have completed and returned it using the pre-paid postcard. Please note a returned postcard may only satisfy the requirements of an Undocumented Consumer Pet Food claim (see FAQ 8).

    You may obtain a Claim Form by downloading a copy here or by calling 1-888-501-9437 (Toll-Free).

    Claim Forms that are submitted or postmarked after August 3, 2023, will not be paid. Payment amounts may be reduced depending on the number of valid claims submitted.

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  11. How do I get reimbursed?

    The Claim Filing Deadline was August 3, 2023. Claims and supporting documents are no longer accepted.

    To potentially receive reimbursement, you must have done 4 things:

    1. Complete the Claim Form by providing all requested information;
    2. Enclose a copy of all required documentation/proof of expense for each eligible reimbursement; (if applicable)
    3. Sign and date your Claim Form; and
    4. Mail the Claim Form to the Midwestern Pet Foods Settlement Program, c/o Settlement Administrator or submit your claim electronically here by the claim deadline.

    Payment amounts may be reduced depending on the number of valid claims submitted.

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  12. What if l don't submit my Claim Form by the deadline?

    If you failed to submit or mail the Claim Form so that it was postmarked by August 3, 2023, your Claim will be denied as untimely. Submitting a Claim Form late will be the same as doing nothing (see FAQ 26).

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  13. When do I get reimbursed or paid for damages?

    The Court held a hearing (the “Final Approval Hearing”) on August 21, 2023 at the Winfield K. Denton Federal Building & U.S. Courthouse, 101 Northwest Martin Luther King Boulevard Evansville, IN 47708, to decide whether the Settlement is fair, reasonable, and adequate. The Court granted Final Approval on August 21, 2023. There might be appeals that delay the conclusion of the case and prevent it from becoming final. It is always uncertain whether such appeals can be quickly resolved, and resolving them can take months or even years. For that reason, at this time there is no way to determine if and when reimbursement payments will be issued. Payment amounts may be reduced depending on the number of valid claims submitted. Information about the progress of the case will be available on this website.

    If the Settlement Administrator determines your claim should not be paid or should be paid only in part, you will be mailed a letter telling you the amount you are to receive, if any, and explaining how you can appeal the decision, if you wish to do so.

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  14. What am I giving up in order to receive the benefits of the Settlement?

    Unless you exclude yourself, you will remain a member of the Settlement Class. That means that you will not be able to sue, continue to sue, or be a part of any other lawsuit against Defendants about the legal issues in this Litigation. It also means that all of the Court's orders in this Litigation will apply to you and legally bind you.

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  15. How do I get out of this Settlement?

    The Request for Exclusion Deadline was August 3, 2023. Exclusion Requests are no longer accepted.

    If you want to keep the right to sue Defendants, on your own as an individual, about the legal issues in this Litigation, then you must have taken steps to exclude yourself from the Settlement Class and the Settlement. This is sometimes referred to as “opting out.” To exclude yourself from the Settlement, you must have:

    1. Submitted the Exclusion Request in writing to the Settlement Administrator so that it is postmarked by August 3, 2023. Requests for exclusion must be mailed to:

      Midwestern Pet Foods Settlement Program
      c/o Settlement Administrator
      P.O. Box 4214
      Portland, OR 97208-4214
    2. Any Exclusion Request shall (i) state the person or entity’s full name and current address, and (ii) specifically and clearly state his/her/its desire to be excluded from the Settlement and from the Settlement Class for In Re: Midwestern Pet Foods Marketing, Sales Practices, and Product Liability Litigation, Case No. 3:21-CV-00007.

    You cannot request exclusion by phone, email, or via this website.

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  16. If I don't exclude myself, can I sue Defendants later?

    The Request for Exclusion Deadline was August 3, 2023. Exclusion Requests are no longer accepted.

    No. If you did not timely submit a valid Exclusion Request, you will remain a part of the Settlement Class and you will not be able to sue Defendants for the legal claims that are released as part of the Settlement.

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  17. If I exclude myself, can I get money from this Settlement?

    The Request for Exclusion Deadline was August 3, 2023. Exclusion Requests are no longer accepted.

    No. If you submit a valid Exclusion Request, you will not receive benefits of the Settlement and you cannot object to the proposed Settlement. If you exclude yourself, you should not submit a Claim Form seeking reimbursement or damages. You cannot both exclude yourself and seek any benefits of the Settlement. If you want to receive benefits under the proposed Settlement you cannot exclude yourself from the proposed Settlement.

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  18. Do I have a lawyer in this case?

    The following law firms are qualified to represent you and all Settlement Class Members for purposes of this proposed Settlement:

    Together these law firms are called “Class Counsel.” More information about these law firms, their practices, and their lawyers’ experience is available at the website URLs above.

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  19. Should I get my own lawyer?

    You do not need to hire your own lawyer because Class Counsel is working on your behalf. However, if you want to hire your own lawyer, you may do so at your own expense.

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  20. How will the lawyers be paid?

    Class Counsel has not received any fees or reimbursement for any of their expenses associated with this case. As part of the proposed Settlement, Class Counsel will seek reasonable attorneys’ fees not to exceed a total of $2,124,788. In addition, Class Counsel will seek reasonable litigation expenses not to exceed $125,000. Class Counsel will file an application with the Court requesting that the Court award Class Counsel Fees and Expenses. Class Counsel’s fee application will be posted on this website at least 21-days before the objection deadline.

    Class Counsel’s application will also ask the Court to approve Service Awards not to exceed $3,500 for each Named Plaintiffs to compensate them for their time and effort litigating this case on behalf of the Settlement Class.

    Once filed, Class Counsel’s application for fees and expenses and the Named Plaintiffs’ Service Awards will be available on the Important Documents page.

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  21. How do I tell the Court that I like or do not like the proposed Settlement?

    The Objection Deadline was August 3, 2023. Objections are no longer accepted.

    You can tell the Court that you do or do not agree with the proposed Settlement or some part of it.

    If you remain a Settlement Class Member (that is, if you do not exclude yourself, or opt-out, from the Settlement), then you can tell the Court that you like the proposed Settlement and it should be approved, or you can object to all or part of the proposed Settlement. The Court will consider all comments from Settlement Class Members.

    To object to or comment about the Settlement, a Settlement Class Member must have mailed a letter that was received no later than August 3, 2023, and the comment or objection must contain the following:

    1. The name and case number of this lawsuit, In re: Midwestern Pet Foods Marketing, Sales Practices and Product Liability Litigation, Case No. 3:21-CV-00007-RLY-MPB (S.D.Ind.);
    2. The Settlement Class Member's full name, mailing address, and email address or telephone number;
    3. If objecting, the Settlement Class Member must state whether the objection applies only to the objector, or to a specific subset of the Class, or to the entire Class;
    4. All reasons for the objection or comment and sufficient proof establishing that he or she is a Settlement Class Member;
    5. A statement identifying the number of class action settlements the Settlement Class Member or their attorney has objected to or commented on in the last five years;
    6. Whether the Settlement Class Member intends to personally appear at the Final Approval Hearing;
    7. The name and contact information of any and all attorneys representing, advising, or assisting the Settlement Class Member, including any counsel who may be entitled to compensation for any reason related to the objection or comment;
    8. Whether any attorney will appear on the Settlement Class Member's behalf at the Final Approval Hearing, and if so the identity of that attorney; and
    9. The Settlement Class Member's signature.

    Any lawyer representing or assisting an objecting Settlement Class Member must:

    1. File a notice of appearance with the Court by the date set forth in the Preliminary Approval Order;
    2. File a sworn declaration attesting to representation of each Settlement Class Member on whose behalf the lawyer has acted or will be acting; and
    3. Comply (and ensure their client's compliance) with each of the above requirements.

    No Settlement Class Member will be entitled to be heard at the Final Approval Hearing (whether individually or through separate counsel), unless their timely objection or comment states their intention to appear at the Final Approval Hearing.

    You must mail your comment or objection to the Court, Settlement Administrator, Class Counsel, and Defendants' Counsel at the following addresses to be received no later than August 3, 2023.

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  22. What is the difference between objecting and excluding myself from the Settlement?

    The Objection and Request for Exclusion Deadline was August 3, 2023.

    Objecting is simply telling the Court that you do not like something about the proposed Settlement. You can object only if you stay in the Settlement Class as a Settlement Class Member. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

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  23. When and where will the Court decide whether to approve the Settlement?

    The Court held a hearing to decide whether to grant final approval of the Settlement (the "Final Approval Hearing") on August 21, 2023 at 11:00 a.m. CT, at Winfield K. Denton Federal Building & U.S. Courthouse, Courtroom 301, 101 Northwest Martin Luther King Boulevard, Evansville, IN 47708 to decide whether the Settlement is fair, reasonable, and adequate. There were no timely objections for the Court to consider. No Settlement Class Members spoke at the Hearing. The Court also decided how much Class Counsel should be paid for representing the Class and whether Service Awards should be paid to Named Plaintiffs for their time and effort in representing the Settlement Class. After the hearing, the Court decided to approve the Settlement. You can find the Final Approval order here

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  24. Do I have to attend the Final Approval Hearing?

    The Final Approval Hearing occurred on August 21, 2023 and the Court granted Final Approval of the Settlement which can be found here.

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  25. May I speak at the Final Approval Hearing?

    The Final Approval Hearing occurred on August 21, 2023 and the Court granted Final Approval of the Settlement which can be found here

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  26. What happens if I do nothing at all?

    If you do nothing, you will remain a member of the Settlement Class but you will not receive reimbursement for eligible out-of-pocket expenses. Furthermore, you will not be permitted to appear and speak at the Final Approval Hearing.

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  27. Are there more details available?

    This Website contains important dates and deadlines, important pleadings, claim forms, and class notices all which can be found on the available on the Documents page. Class Members can also to file their claims electronically, here.

    If you have further questions, you can contact the Settlement Administrator by calling toll-free at 1-888-905-0657.

    You may also call or write Class Counsel at:

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