Frank Magliato, “in his capacity as stockholder representative for the former shareholders of Natural Balance Pet Foods,” has reportedly filed a lawsuit against H.J. Heinz Co., alleging that the food company knowingly sold processed sheep lungs adulterated with rubber rings to Natural Balance. The complaint alleges that while Heinz knew both that the rubber rings had been lodged in internal organs of the sheep and that the rings could be hazardous to animals, the company did not alert Natural Balance or its customers to the potential danger. According to Magliato, Natural Balance recognized that the food was adulterated before selling the products, but had it not, Heinz’s negligence could have exposed the pet food company to litigation and damaged its reputation. Magliato seeks disgorgement of ill-gotten gains, restitution and $400,000 in damages for strict products liability, breach of express and implied warranty, negligence, unfair business practices and fraud, as well as court costs. See Courthouse News Service, May 9, 2014.

Issue 524

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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