Servicing Franklin & Cumberland Counties

Manufacturer of Pet Treat "Greenies" Sued over Dog's Death

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The popular dog treat sold under the name "Greenies" is the subject of a lawsuit filed November 30, 2005, with the Supreme Court of the State of New York. The complaint contends that the product, manufactured by Missouri-based S&M NuTec, is unsafe, inadequately labeled, and ultimately caused the death of the plaintiff's 4-year old dog, named Burt.

S&M NuTec has made claims that Greenies are "highly digestible," and the product comes with packaging statements such as "100% edible" and "veterinarian approved!"  Given these claims, the plaintiffs were stunned by the cause of death of their family member Burt, a rescued Miniature Dachshund.  Burt died this summer after an undigested portion of a Greenies dog treat became lodged in his intestinal tract. In an attempt to save his life, Burt underwent emergency surgery that resulted in the removal of over 3 feet of dead intestinal tissue along with the cause of the obstruction: an undigested piece of a Greenie.  Despite the necessary surgical procedure, Burt died 48 hours after the surgery with the plaintiff's, Ms. Jennifer Reiff and Mr. Michael Eastwood, by his side.

Billed by S&M NuTec, as a way to "promote healthy teeth and gums," Greenies are an enormously popular dog treat sold by most pet supply stores. The plaintiff's have prepared the following statement:

"Our dog didn't choke to death on the product.  He died from it not digesting and obstructing his intestines.  We followed their instructions. Burt was always supervised, and he always chewed his Greenies well. Yet he died a painful, horrible death. We believe that S&M NuTec chooses to blame the dogs or their owners instead of taking responsibility.  Many owners have come forward and shared their similar experiences, leading us to believe that the company is very much aware of the problem."

Ms. Reiff and Mr. Eastwood allege the "benefits" of Greenies do not outweigh the risks associated with the product. The indigestibility of Greenies is a defect, and had the manufacturer adequately warned of its dangers, the couple would not have provided the treat to Burt, thereby avoiding the cause of his death.

Their attorney, Alan Sash, partner at New York law firm McLaughlin Stern, represents the plaintiffs. The lawsuit seeks damages to be determined at trial for each of the 4 Causes of Action which include: Design Defect and Failure to Warn (Strict Products Liability), Breach of Express Warranty, Negligence and punitive damages in excess of 5 million dollars.

Please visit: www.burtscause.com  to download a PDF of the filed complaint and other relevant information.