ALLENTOWN – An Allentown couple have brought class action litigation against the makers of Purina pet food, saying odors from their Allentown processing plant have substantially impacted their quality of life in a negative way.
Mark Fuehrer and Lori Fuehrer of Allentown filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Aug. 11 versus Nestle Purina Petcare Co., of St. Louis, Mo.
The plaintiffs live about 1.75 miles from the Nestle Purina pet food manufacturing facility in Allentown, where they say their property “has been and continues to be physically invaded by noxious odors…which entered plaintiffs’ property originating from defendant’s facility.”
“Defendant’s industrial operations at the facility include the production of pet food products. Defendant’s pet food products include animal-derived raw proteins and animal fats, many of which are highly odiferous. Defendant mixes the raw ingredients according to numerous pet food recipes, which are dried and formed into a dough. The dough for each pet food product is then cooked and extruded into its kibble shape. Defendant’s cooking process product produces highly odiferous emissions,” the suit says.
“In July 2017, defendant began utilizing a new cooking operation that caused a substantial increase in the odors produced by the facility. The pet food products then undergo a drying process prior to being packaged and sold. Defendant’s facility has discharge stacks, through which its emissions are released into the ambient air surrounding the facility.”
The suit adds that the defendant’s industrial operations also produce substantial quantities of organic waste that must be disposed, and that the waste products are initially disposed on-site.
“Defendant’s industrial operations produce substantial quantities of excess wastewater containing highly odiferous organic matter. Defendant maintains an on-site wastewater treatment operation, which is a substantial contributing factor to the noxious odors generated by the facility,” per the suit.
The litigation states that the odors are dispersed from the facility all across public and private property through the region, with other class members stating the smell was similar to that of decaying animal matter and has negatively impacted their ability to quietly enjoy their properties.
For counts of public and private nuisance and negligence, the plaintiffs are seeking certification of the proposed class, designation of the plaintiffs as representatives of the proposed class and designation of their counsel as class counsel, judgment in their favor and the class members against the defendant, compensatory damages, punitive damages, attorney’s fees and costs, including pre- and post-judgment interest, an order holding that entrance of the odors upon plaintiffs’ property constituted a nuisance, injunctive relief under the defendant’s state and federal regulatory regulations and such further relief, both general and specific, as the Court deems just and proper, plus a trial by jury.
The plaintiffs are represented by Kevin S. Riechelson of Kamensky Cohen & Riechelson, in Trenton, N.J.
The defendant has not yet obtained legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 5:20-cv-03910
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com