2007 pet food recalls

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Timeline of recall
  • October 2006: Tainted wheat gluten is imported to the United States by Las Vegas based ChemNutra, Inc. from the Xuzhou Anying Biologic Technology Development Company in PRC.
  • November 2006: Canada-based company Menu Foods begins to use the tainted wheat gluten at its plants in Kansas and New Jersey.
  • December 3 to March 6: Menu Foods manufactures and distributes a variety of wet pet foods containing the contaminated gluten.
  • December 2006: Unconfirmed reports indicate that Menu Foods receive word of a possible problem with some of its product.
  • February 20, 2007: First report to Menu Foods of a confirmed death due to an unknown agent in their products.
  • February 26-27, 2007: In a "horrible coincidence," Menu Foods Chief Financial Officer sells roughly half his shares of company stock.
  • February 27: Menu Foods conducts routine taste testing. The tests are unrelated to earlier concerns of food contamination.
  • March 2: Menu Foods' test animals begin to die of acute renal failure. The mortality rate has been quoted as one in six.
  • March 6: Menu Foods switches wheat gluten supply.
  • Mid-March: Menu Foods sends samples to researchers at Cornell University, who share samples with the New York State Food Laboratory for testing.
  • March 16: Menu Foods orders a recall of more than 60 million containers of wet pet food.
  • March 21: Hill's Pet Nutrition announces recall of "cuts and gravy" style pet food. First lawsuits are filed in Illinois and Tennessee.
  • March 23: First federal class action lawsuit filed in Seattle.
  • March 23: The New York State Food Laboratory reports finding aminopterin in tests of samples sent to it by Cornell.
  • March 23: Menu Foods shuts down its Kansas plant.
  • Late March: The ASPCA contests New York State Food Laboratory's findings and Cornell reports to the Food and Drug Administration (FDA) that it has discovered an industrial chemical in various samples.
  • March 30: The FDA and Cornell report that melamine, an industrial chemical found in plastics manufacture, and some pesticides and fertilizers, has been discovered in food and animal samples. The two groups contest the New York State Food Laboratory's findings.
  • March 30: The FDA ceases imports of wheat gluten from the Xuzhou Anying Biologic Technology Development Company, and soon order the inspection of all Chinese wheat gluten entering the U.S.
  • March 30 and 31: Del Monte, Nestlé Purina PetCare, and Hill's Pet Nutrition all announce recalls of various wet and dry pet foods and snacks.
  • April 1: U.S. Lawmakers call for greater protection of pet foods and criticize the FDA.
  • April 2: Menu Foods re-opens its Kansas plant.
  • April 4: ChemNutra recalls all the wheat gluten it has distributed to various pet food companies.
  • April 5: Sunshine Mills joins the recall.
  • April 5: China begins to investigate wheat gluten and the U.S. Senate announces hearings into the recall and the FDA's response.
  • April 9: Melamine discovered in non-recalled foods.
  • April 10: Recall expanded to products manufactured at Menu Foods' Ontario plant.
  • April 11: Some groups estimate up to 3,600 pets dead.
  • April 11: Importer Wilbur-Ellis finds bag labeled "melamine" mixed in with bags of rice protein from Binzhou Futian Biology Technology Company.
  • April 12: The United States Senate holds hearings on the recall.
  • April 16: Natural Balance Pet Foods recalls products containing melamine-contaminated rice protein.
  • April 18: Agricultural products distributor Wilbur-Ellis announces recall of rice protein that had been distributed to five pet food manufacturers.
  • April 19: Researchers announce the identification of three additional chemicals, including cyanuric acid, discovered in melamine-contaminated rice protein concentrate from China and in animals that consumed the rice protein.
  • April 19: Royal Canin issued a recall of 8 varieties of their pet foods.
  • April 20: South Africa stops importation of Chinese gluten for pet food.
  • April 24: The FDA announces that melamine has been found in the urine of hogs that were to be used for human food in three states. Also, six food ingredients imported from China were now being investigated as a precaution.
  • April 26: China announces that it has banned melamine use in food products and acknowledges that products containing melamine were exported.
  • April 26: Three new companies issue recalls and a fourth expands its recall.
  • April 28: California state officials report approximately 45 people consumed pork from hogs fed melamine-contaminated feed.

The 2007 pet food crisis represents the massive contamination and recall of many brands of cat and dog foods beginning in March 2007. The recalls came in response to reports of renal failure in pets. Initially the recalls were associated with the consumption of mostly wet pet foods made with wheat gluten from a single Chinese company. After more than three weeks of complaints from consumers, the recall began voluntarily with the Canadian company Menu Foods on March 16 2007, when a company test showed sickness and death in some of the test animals. Soon after, there were numerous media reports of animal deaths as a result of kidney failure. In the following weeks, several other companies who received the contaminated wheat gluten also voluntarily recalled dozens of pet food brands. One month after the initial recall, contaminated rice protein from a different source in China was also identified as being associated with kidney failure in pets in the United States, while contaminated corn gluten was associated with kidney failure with pets in South Africa.

By the end of March, veterinary organizations reported more than 100 pet deaths amongst nearly 500 cases of kidney failure,[1] with one online database self-reporting as many as 3,600 deaths as of April 11.[2][3] As of April 8, Menu Foods has confirmed only about 16 deaths. The U.S. Food and Drug Administration refuses to estimate the amount of sick or dead because there is no centralized government records database of animal sickness or death in the United States as there are with humans (such as the Centers for Disease Control).[4] As a result, many sources speculate that the actual number of affected pets may never be known and experts are concerned that the actual death toll could potentially reach into the thousands.[5][6]

Overall, several major companies have recalled more than 100 brands of pet foods, with most of the recalled product coming from Menu Foods. Although there are several theories of the source of the agent causing sickness in affected animals, with extensive government and private testing and forensic research, to date, no definitive cause has been isolated. As of April 10, the most likely cause, according to the FDA, though not yet proven, is contamination indicated by the presence of melamine in the ingredients of the affected foods. The Chinese company behind the contaminated wheat gluten has initially denied any involvement in the contamination, but is cooperating with Chinese and American investigators.

In the United States, there has been extensive media coverage of the recall. There has been widespread public outrage and calls for government regulation of pet foods, which had previously been self-regulated by pet food manufacturers. The United States Senate held an oversight hearing on the matter by April 12. [7] The economic impact on the pet food market has been extensive, with Menu Foods losing roughly $30 million alone from the recall. There have been several waves of recalls, many issued late on Friday evenings possibly to avoid media coverage, and the events have caused distrust in some consumers.[8]

Recall history

Menu Foods acknowledges receiving the first complaints of sick pets on February 20. On February 27, the company began internal taste testing of its food.[9] The company conducts taste testing of its products quarterly, and the February testing was not a result of the received complaints. The company began to investigate a possible problem on March 2, when as many as 1 in 6 pets began to die after consuming products containing wheat gluten.[10] In mid-March, prior to the recall, Cornell University and a New York state-based testing facility received samples from Menu Foods for testing.[11][12]

On March 16, a full two weeks after confirmed animal deaths, Menu Foods issued a nation-wide recall in the United States of many different brands of dog and cat foods produced at two of its facilities between December 3 2006 and March 6 2007.[13][14] The initial recall comprised sixty million units of cuts and gravy style food in pouches sold under nearly 100 brand names, including premium brands such as Iams and private label brands sold at nationwide chains such as Wal-Mart, Kroger, and other large food retailers.[15] The recall of these products alone represent more than 1% of all pet foods in the U.S. [16] Although it is a small percentage of the total available pet foods, the recall represents one of the largest product recalls in American history.[17] By March 21, Menu Foods confirmed the problem was with the wheat gluten used to thicken the gravy in the canned and pouched wet food products, and that the medical problems exhibited in test subjects includes renal failure, although it is unknown why the renal failure occurs.[18]

Following the first word of a recall, reports of pet sicknesses and deaths began to come in from throughout the United States and Canada; although Menu Foods products are also sold in Mexico, there has been practically no information published regarding the situation in that country. By April 10 Menu Foods had only confirmed 16 deaths outside of its test subjects, comprising 15 cats and one dog. Some independent sources, such as petconnection.com, began receiving several hundred reports of animal deaths per day, totaling more than 3600 by April 11.[2] The FDA has received more than 15,000 complaints from consumers related to the recall, but will not comment on the possible amount of pet sicknesses or deaths.[4][5]

On March 23, amidst conflicting reports of the source of the contamination (see below), Menu Foods said they will take financial responsibility for pet deaths caused by their tainted products.[19] At that point the company's stock had fallen 47% since the announcement of the recall a week earlier.[20]

Initially there were concerns that the imported gluten may have been used in products intended for human consumption,[21] however, the FDA has assured consumers that all of the suspect gluten was used exclusively in pet foods and there is "no evidence to suggest that any of the imported Wheat Gluten from the suspect firm has entered the human food supply."[4]

Over the next week, Menu Foods expanded the recall to include dozens of more cat and dog food products, including all varieties of 'cuts and gravy' type wet pet food in cans and pouches, not just specific UPCs, as before, in order to ensure pet stores removed any chance of contaminated batches reaching consumers.[22] On March 30, the FDA announced a possible source of the sicknesses, through the presence of melamine, an industrial chemical, in wheat gluten imported from China. The FDA prohibited the import of wheat gluten from a specific Chinese company, Xuzhou Anying Biologic Technology Development Company (徐州安营生物技术开发有限公司),website based in Xuzhou, a city in China's Jiangsu Province, and said that the contamination may be in dry pet foods as well.[23] Late on March 30, after the FDA's announcement, Hill's Pet Nutrition, Inc., [23] Del Monte,[24] and Nestlé Purina[25] voluntarily recalled several brands of wet and dry pet foods.

On April 10, news broke that scientists at a University of California, Davis animal health laboratory confirmed that a "popular brand of pet food" submitted for testing by area veterinarians was contaminated with melamine, even though it is not on the list of recalled cat and dog foods.[26]

Again on April 10, it was announced that the recall would be expanded to include foods manufactured at Menu Foods' Streetsville, Ontario plant. Menu Foods officials had believed that the plant did not have the same problems as their New Jersey and Kansas plants, but tests revealed that contaminated wheat gluten had made it into Canada.[27]

The contaminated wheat gluten came directly from China or through the Netherlands to the U.S. through ChemNutra, a Las Vegas-based supply company for pet food manufacturers. On April 4, ChemNutra ordered a recall of all of the suspected wheat gluten batches.[28] According to the Associated Press, chemical scares and mass poisonings in China are common because of poor food and industry control. [29]

As of April 11 there are more than 130 brands of dog and cat foods from five companies recalled. Most of the foods are wet, though there are some dry foods and dog biscuits as part of the recall as a precautionary measure even though no cases of poisoning from dry foods have yet been reported.

On April 12, in a hearing in front of the United States Senate Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies, FDA officials admitted that contaminated food was likely still on store shelves throughout the country, and urged consumers to re-check the food they have in their possession. [30] Also on the 12th, Menu Foods admitted that a "clerical error" allowed more tainted product to be released to the public after the recall had begun. [31]

Also on April 12, Royal Canin dog food was recalled in South Africa after 19 dogs were confirmed to be suffering "acute renal failure" related to eating recalled dog food.[32] That week Hill's Pet Nutrition also recalled a batch of food for diabetic cats in South Africa.[33]

On April 17 a product not containing wheat-gluten was recalled due to the presence of melamine in pet food. Natural Balance Pet Foods found melamine in two products containing rice protein from an unnamed company in the United States. 11 dogs and "three or four" cats were suffering kidney problems as a result of eating the food.[34] The rice protein was identified as having come from industrial and agricultural material distributor Wilbur-Ellis, who had distributed the contaminated protein to five different pet food manufacturers in Utah, New York, Kansas and Missouri. Since pet food recalls are voluntary, the FDA refused to name the companies involved. The protein has been imported from Binzhou Futian Biology Technology Co. Ltd. in China.[35][36]

On April 19 2007

  • Researchers identified three additional chemicals in the melamine-contaminated rice protein and animals that had consumed it, including cyanuric acid, a chemical used in chlorinated pools. All three chemicals are derivatives of melamine.[37][38]

On April 20 2007

  • The South African pet food industry announced that they would no longer import gluten products from China after the presence of melamine was confirmed in Chinese corn gluten.[33] At least 30 dogs have died of renal failure related to contaminated food in South Africa.[40]
  • Pet food company SmartPak issued a late Friday night recall of two dog food products related to contaminated rice protein. SmartPak was one of the two remaining companies supplied by Wilbur-Ellis, leaving only one company refusing to recall its contaminated products.[41]

On April 24 2007, the FDA announced that melamine had been found in the urine of hogs in North Carolina, California and South Carolina, that farms in Utah, New York and possibly Ohio had received contaminated feed. They had not yet determined if, beyond a small amount in California, any contaminated meat had reached the human food supply. The FDA also announced that it was now testing six common food ingredients -- -- wheat gluten, corn gluten, cornmeal, soy protein, rice bran and rice protein concentrate -- as a precaution.[42]

On April 26 2007

  • The final Wilbur-Ellis-related recall was issued by Chenango Valley Pet Foods, nine days after Wilbur-Ellis had announced its rice protein was contaminated with melamine.[43]
  • Blue Buffalo expanded its recall due to alleged tampering by American Nutrition, Inc. (ANI), their manufacturer. This adds a new potential source of contamination and distrust, contract manufacturers, beyond the original problematic Chinese ingredient suppliers.[47]
  • American Nutrition, Inc. (ANI) issued a voluntary recall of 28 different pet food products that they manufacture which are sold under other labels.[48] ANI states that pet foods that they manufacture under their own label are not affected by the current recall.[49]

On April 27 2007, Natural Balance Inc. issued a voluntary recall of 3 of their varieties of dog food and one variety of cat food due to unauthorized inclusion of rice protein by American Nutrition, Inc. (ANI), their manufacturer. Natural Balance refers to this as a "manufacturing deviation" by ANI[50], in contrast to Blue Buffalo's characterization of it as "product tampering" by ANI. [47]

On April 28 2007, the Chicago Tribune reported that, according to California state officials, approximately 45 state residents consumed pork from hogs that had been fed melamine-contaminated feed.[51]

Affected brands

Pet food is a US$38 billion industry.

The majority of recalled foods have come from a single company, Menu Foods of Streetsville, Ontario. Menu Foods' recalled products alone represent nearly 100 brands of cat and dog food, and as of April 11 are the only brands known to have caused sickness in animals. Below is an overview of affected brands, as provided by the FDA and the companies:

  • Menu Foods: Over 50 brands of dog food,[52] and over 40 brands of cat food.[53] Almost all of the foods are wet foods, specifically the 'cuts and gravy' varieties. As a precautionary measure, Menu Foods also recalled all brands of food with wheat gluten in them even though the source of the gluten was not the same as the source behind the contaminated findings.[54]
  • Sunshine Mills: Around 20 brands of dry dog biscuit.[55]
  • Del Monte: More than a dozen brands of dry, or jerky-type, cat and dog snacks and/or morsels.[56]
  • Royal Canin United States: Five varieties of Sensible Choice and three varieties of Veterinary Diet.[39]
  • Natural Balance Pet Foods: Venison and Brown Rice canned and bagged dog foods, Venison and Brown Rice dog treats, Venison and Green Pea dry cat food, Chicken Formula Canned Dog Food 13 oz, Lamb Formula Canned Dog Food 13 oz, Beef Formula Canned Dog Food 13 oz, and Ocean Fish Formula Canned Cat Food[46][60]
  • The Blue Buffalo Company: Spa Select Kitten dry food[61]. All canned and biscuit productsCite error: A <ref> tag is missing the closing </ref> (see the help page).
  • Chenango Valley Pet Foods: Doctor's Foster & Smith Chicken and Brown Rice Formula Adult Lite Cat and Dog Foods, Lick Your Chops Lamb Meal, Rice and Egg Cat Food and bulk Chicken and Brown Rice Formula Adult Lite Dog Food[43]
  • Kirkland Signature: Super Premium Canned Food, item # 38436, best buy dates of "Aug. 21 08" to "April 15 of 09"[45]
  • Diamond Pet Foods: Chicken Soup for the Pet Lover's Soul Kitten Formula 5.5 oz. cans, Chicken Soup for the Pet Lover's Soul Puppy Formula 13 oz. cans, and Diamond Lamb & Rice Formula for Dogs 13 oz. cans[44]


The American Veterinary Medical Association (AVMA) maintains a combined list of all recalled pet food varieties.[62]

Symptoms

The contamination appears to have affected more cats than dogs.

Pet owners were advised to monitor their animals for the following signs of possible kidney failure that may be associated with the unknown toxicant: loss of appetite, lethargy, depression, vomiting, diarrhea, sudden changes in water consumption, and changes in the frequency or amount of urination. It was advised that pets exhibiting these symptoms should be taken for veterinary care as soon as possible, even if the animal did not eat any of the recalled pet food, as these signs may be indicative of other illnesses.[63][64] Ultrasounds of animals who have eaten the contaminated food in most cases show cortical echogenicity, perirenal fluid and pyelectasia.[65]

One of the largest veterinary hospital chains in the U.S., Banfield clinics, has released statistics on the recent rates of pet kidney failure. Banfield's veterinarians treat an estimated 6 percent of the nation's cats and dogs, and their findings provide "the most authoritative picture of the harm done by the tainted cat and dog food," according to the FDA. Based on analysis of data collected by more than 600 hospitals and clinics in 43 states, out of every 10,000 cats and dogs seen in Banfield clinics, three developed kidney failure during the time pet food contaminated with melamine was on the market. They reported 284 more cases of kidney failure in cats than the expected "background rate," corresponding to a 30 percent increase. During that period the Banfield vets saw 100,000 cats. According to Hugh Lewis, who analyzed the results for Banfield, extrapolating to the United States cat population may mean "several hundred cats a week across the country" were affected. No similar statistically-significant increase was seen among dogs, suggesting that the contamination was more toxic to cats.[66] [67]

Source of the sicknesses

Unable to locate the source of the renal failure exhibited by test subjects that consumed some of their wet food products, Menu Foods sent food samples to Cornell University between March 13 and March 15 for chemical analysis. They too, were not immediately able to pinpoint the cause of the sicknesses, so they sent samples to the New York State Food Laboratory, a part of the federally funded Food Emergency Response Network.[11][12] On March 23, the New York State Food Laboratory reported that aminopterin was found in samples sent to them by Cornell.[12] Aminopterin was widely described in news reports as a "rat poison" though that assertion may be based upon a hypothetical use listed in the 1951 patent application and not upon the actual use of the chemical.[68] Aminopterin is illegal in China[69] and neither Cornell University nor the FDA could replicate the New York lab's results.[4] On March 27, the American Society for the Prevention of Cruelty to Animals reported that symptoms described in affected animals are not "fully consistent with the ingestion of rat poison containing aminopterin."[70]

Sometime in mid-March, an "unnamed pet food company" reported to Cornell that they had discovered an industrial chemical utilized in plastics manufacture, melamine, in internal testing of wheat gluten samples. By March 21, it became clear that the common factor was in the wheat gluten used to thicken the gravy in the "cuts and gravy" style wet foods. By March 27, Cornell had confirmed the presence of melamine in the originally recalled pet foods, the wheat gluten used in their manufacture, the cells of the dead pets, and in the urine samples from dead and sick pets.[71] On March 30, both Cornell and the FDA announced that the presence of melamine had been confirmed.[23] The chemical was found in the suspected wheat gluten in raw concentrations as high as 6.6 percent. Stephen Sundlof, the FDA's chief veterinarian said, "There was a sizable amount of melamine. You could see crystals in the wheat gluten."[72]

In addition to wheat gluten, products containing rice protein have also been contaminated with melamine. Natural Balance Pet Foods recalled two products on April 16 due to kidney damage associated with melamine contamination despite the products not containing wheat gluten. [34] Melamine has also been implicated in corn gluten in South Africa.[33]

Despite the presence of the industrial chemical in both the food and in the animals, the FDA has made it clear that they are still in the middle of an extensive investigation, and "not yet fully certain that melamine is the causative agent."[4]

Melamine and cyanuric acid in pet sickness

Melamine molecule, C3H6N6 — 1,3,5-triazine-2,4,6-triamine.

Melamine is produced from urea, mainly by either catalyzed gas-phase production or high pressure liquid-phase production, and is soluble in water. Melamine is used combined with formaldehyde to produce melamine resin, a very durable thermosetting plastic, and melamine foam, a polymeric cleaning product. The end products include counter-tops, fabrics, glues and flame retardants. It also is a byproduct of several pesticides, including cyromazine.[73] The Food Safety and Inspection Service (FSIS) of the United States Department of Agriculture (USDA) provides a test method for analyzing cyromazine and melamine in animal tissues in its Chemistry Laboratory Guidebook which "contains test methods used by FSIS Laboratories to support the Agency's inspection program, ensuring that meat, poultry, and egg products are safe, wholesome and accurately labeled."[74][75] In 1999, in a proposed rule published in the Federal Register regarding cyromazine residue, the United States Environmental Protection Agency (EPA) proposed "remov[ing] melamine, a metabolite of cyromazine from the tolerance expression since it is no longer considered a residue of concern."[76]

Prior animal studies have shown that ingestion of melamine may lead to kidney stones, cancer or reproductive damage.[77][78][79] One 1945 study suggested the chemical increased urine output when fed to dogs in large amounts. The chemical is known to have a very low toxicity in rodents. The United States Food and Drug Administration (FDA) knows of no studies of melamine involving felines and, if melamine is responsible, the increased sensitivity of cats is a mystery to officials. One hypothesis is that the poisoned cat foods might have higher concentrations of melamine than the dog foods.[72] Melamine can be detected in blood or urine tests.[3]

Stephen Sundlof, director of the FDA's Center for Veterinary Medicine, says "Melamine is not very toxic as a chemical, so we're wondering why we are seeing the kinds of serious conditions, especially the kidney failure, that we're seeing in cats and dogs... We are focusing on the melamine right now because we believe that, even if melamine is not the causative agent, it is somehow associated with the causative agent, so it serves as a marker".[5] Even at the highest observed concentrations found in wheat gluten, the melamine exposure is much smaller than the rat and mouse doses for which effects were seen.[77] Instead, the FDA has suggested that a second contaminant may be responsible for the ill effects and that melamine, as the most easily identifiable contaminant, may serve as a biomarker, or indicator, for contaminated wheat gluten.[80]

According to the FDA, "the association between melamine in the kidneys and urine of cats that died and melamine in the food they consumed is undeniable. Additionally, melamine is an ingredient that should not be in pet food at any level."[4] However, Richard Goldstein of the Cornell University College of Veterinary Medicine has stated that "There appears to be other things in there, other than melamine, but identifying what they are is a long process."[80]

Cyanuric acid forms

On April 19 researchers announced that a "spoke-like crystal" had been found in contaminated rice protein concentrate and the tissues and urine of affected animals. The crystal serves as a biomarker for contamination and is roughly 30% melamine. The remainder has been identified as cyanuric acid, amilorine and amiloride by researchers at the University of Guelph, in Ontario and Cornell University's College of Veterinary Medicine. The three chemicals are metabolites of melamine, which researchers hypothesized were formed as the animals metabolized the melamine. Other researchers at Michigan State University have confirmed amilorine and amiloride but not the cyanuric acid. At least one researcher believes that cyanuric acid, commonly used in pool chlorination, is the most likely chemical in the contaminated products causing renal failure in the affected animals, although tests in dogs and rats have shown that cyanuric acid is safe. The researchers also ruled out aminopterin contamination.[37] Richard Goldstein of the Cornell University College of Veterinary Medicine hypothesized that the crystallization of melamine and cyanuric acid might cause cyanuric acid to remain in the kidneys for longer periods of time than when cyanuric acid in pool water is accidentally swallowed by people, explaining its apparent increased toxicity in this case. While it remains possible that cyanuric acid was added as a separate contaminant, Goldstein said that it was likely that it was the result of bacterial metabolism of melamine.[38] Cyanuric acid is a known intermediate byproduct of bacterial metabolism of melamine.[81]

On April 27 researchers from the University of Guelph, in Ontario announced that they created crystals chemically identical to the ones found in contaminated animals by combining melamine and cyanuric acid in the laboratory under ph conditions similar to that in animal kidneys.[82][83]

Suspicions of intentional contamination

Melamine manufacturing and the chemical processes in which melamine are used are completely unrelated to the manufacture or processing of food products such as wheat gluten. On April 9 the FDA stated that there is a "distinct possibility" that the food was intentionally contaminated.[84] According to Senator Richard J. Durbin, one theory that investigators are exploring is whether melamine was added to fraudulently increase the measured protein content, which determines the value of the product.[85] Some analysis methods for determining protein content actually measure the amount of nitrogen present, on the assumption that only protein in the sample contributes significantly to its nitrogen content. Melamine contains a very high proportion of nitrogen.[86] According to Liu Laiting, a Chinese professor of animal sciences, melamine is also hard to detect in ordinary tests.[87] Melamine production in China has increased greatly in recent years leading to surplus availability.[88]

Xuzhou Anying Biologic Technology Development Company are maintaining innocence and assert that they are cooperating with officials. The general manager for Xuzhou Anying has denied that his company exported goods and says that they are researching who might have exported their product.[5] They note that per Chinese law, all exported wheat gluten is tested and that they were simply a middle man for local producers.[89] However, a truck driver who has carried goods for Xuzhou Anying contradicted this, saying "they have a factory that makes wheat gluten."[90]

There is evidence that Xuzhou Anying, despite being a food ingredient supplier, has sought out large quantities of melamine in the past. The New York Times has reported that as recently as March 29 2007, representatives of Xuzhou Anying wrote, "Our company buys large quantities of melamine scrap" on a message board for the trading of industrial materials. Melamine may have been added to enhance the apparent protein content of the wheat gluten. However, the importer of the wheat gluten, ChemNutra, claims that they received from Xuzhou Anying results of analyses showing "no impurities or contamination."[90] It has not yet been determined whether Xuzhou Anying products other than wheat gluten have been shipped to North America.[80]

The second chinese supplier involved in shipping melamine-contaminated food ingredients, Binzhou Futian Biology Technology, has been working with importer Wilbur-Ellis since July 2006. Binzhou typically ships rice protein concentrate in white bags but on April 11 one bag was pink and had the word "melamine" stenciled on it. Binzhou explained to Wilbur-Ellis that the original bag had broken and a mislabeled, but new, bag had been used.[36] The company only supplies food and feed ingredients.[91]

Stephen Sundlof, director of the FDA's Center for Veterinary Medicine, said that melamine turning up in exported Chinese wheat gluten, rice protein concentrate and corn gluten supports theories of intentional adulteration. "That will be one of the theories we will pursue when we get into the plants in China."[38]

There is at least one report of inexpensively priced rice protein concentrate (feed grade) containing non-protein nitrogen dating back to 2005. In a news item on its website, Jiangyin Hetai Industrial Co., Ltd. warned its customers of low-priced "PSEUDO rice protein" for sale in the market by another unnamed supplier, noting that the contaminant could be detected by analyzing the isoelectric point.[92] It is not clear from that report whether the contaminant in that case was melamine or some other non-protein nitrogen source or whether any contaminated rice protein concentrate made it into the food supply at that time.

Protein testing in the food industry

Resonance structures of the peptide bond that links individual amino acids to form a protein polymer.

Proteins, unlike most other food components, contain nitrogen, making nitrogen measurement a common surrogate for protein content. The standard tests for crude protein content used in the food industry (Kjeldahl method and Dumas method are used for official purposes) measure total nitrogen.[93]

Accidental contamination and intentional adulteration of protein meals with non-protein nitrogen sources that inflate crude protein content measurements have been known to occur in the industry for decades, and purchasers of protein meals routinely conduct a number of quality control tests designed to detect the most common non-protein nitrogen contaminants, such as urea and ammonium nitrate.[94][95]

At least one pet food manufacturer not involved in any recalls, The Honest Kitchen, has reacted to the news of melamine contamination by announcing that, effective immediately, it is adding melamine testing to the suite of quality control tests it already conducted on all ingredients it purchases.[96]

In at least one other food industry, the dairy industry, some countries (at least the U.S., Australia, France and Hungary), have adopted "true protein" measurement, as opposed to crude protein measurement, as the standard for payment and testing: "True protein is a measure of only the proteins in milk, whereas crude protein is a measure of all sources of nitrogen and includes nonprotein nitrogen, such as urea, which has no food value to humans. ... Current milk-testing equipment measures peptide bonds, a direct measure of true protein."[97]

Impact on human food supply

The Xuzhou Anying wheat gluten was "human grade," as opposed to "feed grade," meaning that it could have been used to make food for humans such as bread or pasta. At least one contaminated batch was used to make food for humans, but the FDA quarantined it before any was sold. The FDA also notified the Centers For Disease Control and Prevention to watch for new patients admitted to hospitals with renal failure. There have been no observed increases in human illnesses and little human food has tested as contaminated, however the FDA still has not accounted for all of the Xuzhou Anying wheat gluten.[98]

On April 19, Federal U.S. officials said that they were investigating reports that Binzhou Futian rice protein had been used in hog feed, but declined to specify where. The California Department of Food and Agriculture placed American Hog Farm in Ceres, California under quarantine, after melamine was found in the urine of the hogs on the farm. California State Veterinarian Dr. Richard Breitmeyer said "All animals appear healthy," and that "It is unknown if the chemical will be detected in meat." American Hog Farm primarily supplies whole hogs to individuals. Anyone who has purchased a pig from American Hog Farm since April 3 is advised not to eat it.[99]

On April 24, FDA officials said that melamine was in feed given to hogs (and in one case, in Missouri, to chickens) in California, New York, North Carolina, South Carolina, Utah and possibly Ohio. FDA also said that it was adding testing of imported ingredients and finished products that contain cornmeal, corn gluten, rice bran and soy protein to the tests it is already conducting for melamine in wheat gluten and rice protein concentrate ingredients and products.[100] These ingredients are used in breakfast cereal, pizza dough, baby formula, and protein shakes although there is "no evidence" that any contaminated ingredients have been used to produce human foods, according to Dr. David Acheson, chief medical officer at the FDA's Center for Food Safety and Applied Nutrition.[101]

On April 26, the FDA announced that over 6,000 hogs have been quarantined on farms in California, New York, South Carolina, North Carolina, Utah, Kansas, Oklahoma and Ohio. Additionally, the U.S. Department of Agriculture announced that the meat of 345 hogs that had eaten contaminated feed had entered the U.S. food supply, possibly via slaughterhouses in Kansas and Utah.[102]

On April 28, the Chicago Tribune reported that, according to California state officials, approximately 45 state residents consumed pork from hogs that had been fed melamine-contaminated feed.[51]

Chinese government reaction

The contaminated wheat gluten came from a company located in the Jiangsu Province in eastern China.

Once wheat gluten had been isolated as the source of the problems, federal investigators in the United States began to trace the gluten used in the foods. All of the gluten came from ChemNutra's Kansas City warehouse. ChemNutra said it imported nearly 800 metric tons of wheat gluten from the Xuzhou Anying Biologic Technology Development Company of Jiangsu, China between November 29 and March 8. ChemNutra says the gluten came directly from China or from China through the Netherlands, and that it received no reports of contamination in the chemical analysis provided by Xuzhou Anying Biologic Technology Development Company. The products were shipped from the company's Kansas City warehouse to several pet food makers and one distributor of pet food ingredients in the US and Canada, including the companies affected by the recall.[103][29] Xuzhou Anying also exports carrots, garlic, ginger, corn protein powder, vegetables and feed. [80]

On April 5, several days after the United States halted all wheat gluten imports, the Chinese government categorically denied any connection to the North American food poisonings to the New York Times, claiming they had no record of exporting any agricultural products that could have tainted the recalled pet foods, including the wheat gluten that has been the focus of the investigation. Mirroring the government's position, the general manager of the Xuzhou Anying Biologic Technology Development Company denied they exported any wheat gluten to North America.[103]

However, on April 6, the Chinese government told the Associated Press they would investigate the source of the wheat gluten. Although the government refused to give details on the investigation, the Xinhua News Agency stated that "sampling and examination" of wheat gluten was under way across China, centering on the presence of melamine. Officials with office of the General Administration of Quality Supervision, Inspection and Quarantine, said that they will stay in touch with the U.S. Embassy in Beijing and that "further measures would be taken based on developments in the United States."[29]

Since April 4, the Chinese government has refused US FDA requests to inspect facilities suspected of producing contaminated prodcuts.[104] On April 11, the director of the FDA's field investigations division said he was disappointed with the Chinese response. [80] On April 23, after refusing for nearly a month, China finally gave permission to FDA investigators to enter the country.[87] On April 26, China's Foreign Ministry said it has banned the use of melamine in food products, admitting that products containing melamine had cleared customs while continuing to dispute the role of melamine in causing pet deaths. China also vowed to cooperate with U.S. investigators to find the "real cause" of pet deaths.[105]

Reaction in the United States

Federal government reaction

All of the food recalls executed by companies in the United States and Canada were voluntary, i.e. not mandated by any government agency. In the United States, prior to the recall, the Food and Drug Administration did not keep pet foods under the same level of protection and safety ensurance as food intended for human consumption. According to the FDA, the FDA's "regulation of pet food is similar to that for other animal feeds. The Federal Food, Drug, and Cosmetic Act (FFDCA) requires that pet foods, like human foods, be pure and wholesome, safe to eat, produced under sanitary conditions, contain no harmful substances, and be truthfully labeled." However, "there is no requirement that pet food products have premarket approval by FDA."[4]

Once the recall was announced, the Food and Drug Administration immediately began to mobilize resources to assist in the investigation. The FDA has dedicated each of its 20 district offices and 3 field laboratories to the investigation and more than "400 employees are involved in sample pet food collection, monitoring of recall effectiveness, and preparing consumer complaint reports." The FDA has activated its Emergency Operations Center, making sure the information on the poisoning gets to scientists and inspection teams. The agency "is also working with its regulatory partners in all 50 state agriculture and health agencies to inform them of the status of the investigative and analytical efforts."[4] The FDA issued an alert to its field personnel that they should block import of wheat gluten from Xuzhou Anying Biologic Technology Development Company Ltd., and subject wheat gluten from China and the Netherlands to increased scrutiny.[106]

As a result of the contamination, consumers and pets' rights groups have called for the FDA to take a more active role in ensuring pet food safety. On April 2, People for the Ethical Treatment of Animals called for the resignation of the FDA’s commissioner, Dr. Andrew von Eschenbach. [2]

Reaction from the U.S. Congress

In the aftermath of the recall, there was a call from consumers for an investigation into Menu Foods reaction to the poisonings, and the federal government's stand on pet food safety and quality control and the FDA's response to the recall. On April 1, Senator Dick Durbin (D - Illinois) called on the FDA to "account for weak links in the pet food inspection system." Earlier in the week, Representative Rosa DeLauro (D - Connecticut) asked for an analysis of the FDA's oversight of pet food manufacturing facilities and a report of actions taken since the recall.[107]

On April 6, Senator Durbin criticized the federal inspection process for both human and pet food and called for the hearings on the matter. According to the Los Angeles Times who interviewed Durbin April 8, Durbin said he would like to see the FDA set national standards and inspection rules for pet food manufacturing facilities, and to see "federal law changed to allow the FDA to order a recall of food intended for human or pet consumption rather than rely on companies to do it voluntarily."[108]

Durbin is working with Senator Herb Kohl (D - Wisconsin), the Chairman of the United States Senate Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies. Senator Kohl initiated hearings in the Senate Appropriations Subcommittee along with Senator Durbin and Senator Robert Bennett (R - Utah). Senator Robert Byrd (D - West Virginia), from the United States Senate Committee on Appropriations was there as well. Witnesses included FDA officials. They looked into several areas: the delay in reporting by Menu Foods, the lack of federal inspections of pet food facilities, and incomplete reporting by the FDA since the start of the recall.[7][109][30]

During the hearing Senators Durbin and Byrd criticized the government's response during the recall. Durbin specifically criticized the lack of any regular inspection practices or quality control with regards to pet food safety. Senator Kohl criticized the FDA's communication to the public about recalled foods, noting that volunteer websites had more detailed and easier-to-access information about the extent of the problem and which specific foods are of concern than FDA's online resources which Kohl said was contradictory of itself at times, and which the FDA official giving testimony admitted to being difficult to navigate.[30][110]

On April 18 Senator Durbin and Representative DeLauro met with US FDA Commssioner von Eschenbach to discuss the additional rice protein recalls and learned that the Chinese government was blocking outside attempts to investigate the contamination. In response, they sent a letter to Zhou Wenzong, China's Ambassador to the United States saying in part that "contaminated batches of wheat gluten and rice protein responsible for these events were imported from China" and that "no level of melamine should be found in pet or human food" and asking for visas for inspectors from the United States.[104]

Litigation

Many owners of pets stricken after consuming Menu Foods' product have considered filing law suits against the company, but are encountering difficulties with the valuation of the deceased pets. While many pet owners consider their pets to be a "part of the family," lost pets have traditionally been treated as property, with the potential liability limited to the retail value of the animal. Some states define the monetary value of a pet for litigation or insurance purposes. Other states have allowed suits for punitive damages and emotional distress suffered in the loss of a pet.

After word of the recall and reports of animal deaths began to spread, Menu Foods was served with several individual law suits over the deaths of affected pets. On March 20 after the death of her cat, a woman in Chicago, Illinois, sued Menu Foods for negligence in delaying the recall. [3] The same day, lawyers for a Knoxville, Tennessee woman filed suit in Federal Court against Menu Foods for $25 Million and hoping to attain class action status, citing negligence in testing the food prior to distribution.[111]

As individual lawsuits were filed across the nation, an Ontario, Oregon family filed a class-action lawsuit against Menu Foods citing emotional damage and economical loss. The lawyers filing the federal law suit noted that Washington state, which has jurisdiction, had a history of favorable consumer protection precedents in prior pet-related lawsuits, but that finding a set value for the lost pets may be difficult.[112]

On March 23, Menu Foods said that they will reimburse pet owners who can trace their pets' illnesses to the company's products.[19] One estimate is that the cost to owners of treating sickened pets is between $2 million and $20 million. [113]

By April 5, the March 20 Chicago lawsuit expanded to federal class-action status with over 200 plaintiffs seeking punitive damages for emotional distress. The plaintiffs have specifically accused Menu Foods of fraud, claiming the company may have known of a problem as early as December.[114] On April 11 it was reported that the Chief Financial Officer of Menu Foods, Mark Wiens, had sold roughly half of his Menu Foods stock on February 26 and 27. He has referred to the timing as a "horrible coincidence."[113]

Food shortages in pet shelters

Many non-profit pet shelters rely on donated foods to feed the animals and remain financially stable. But due to the wide use of wheat gluten in many wet pet foods and large portion of foods represented in the recall, many pet shelters have had to discard foods despite the financial burden of doing so.[115][116]

Alternative pet food sources

Some pet owners have become concerned over the safety of all processed pet foods, and have chosen to forgo store-bought prepared pet foods in favor of preparing food from ingredients at home. The popularity of books on home preparation of pet foods has rocketed on Amazon.com. Nevertheless, the FDA and the American Veterinary Medical Association are urging pet owners to just switch brands of store-bought pet food if they are worried about contamination. Some veterinarians have pointed out that animal diets are difficult to maintain in terms of nutritional appropriateness and safety, and are best served by store-bought preparations, an assertion disputed by some practitioners of home-made animal foods.[117]

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  117. ^ Associated Press (April 3 2007). "Food scare prompts pet owners to retreat to own kitchens". CNN. Retrieved 2007-04-11. {{cite news}}: Check date values in: |date= (help)
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