A federal grand jury has handed down indictments as a result of the sale of tainted pet food that last year caused thousands of dogs and cats to become ill or die.  The FDA has estimated 1,950 cats and 2,200 dogs died as a result of the tainted food.

U.S. Attorney John Wood, Western District of Missouri, announced the indictments, noting "Millions of pet owners remember the anxiety of last year's pet food recall. These indictments are the product of an investigation that began in the wake of that recall." More than 60 million dog and cat food packages and cans involving 150 brands and 5,000 products, were recalled last year as animals became sick or died. It became clear their pet food had been contaminated during the manufacturing process.

It is believed millions of chickens, pigs and fish were affected as well by tainted feed.

The pet food was contaminated because melamine, a chemical used in plastics, was added to wheat gluten, an ingredient of the food. The melamine made it look like there was more protein than there actually was in the wheat gluten. But the chemical causes kidney failure in animals. Melamine is not approved in the U.S. as an ingredient in human or animal food.

ChemNutra Inc., an American company, along with its owners, Sally Qing Miller and Stephen S. Miller, were indicted on 27 charges, 13 misdemeanor counts of distributing adulterated food, 13 misdemeanor counts of distribution of misbranded food, and one felony count of participating in a wire fraud conspiracy.

The Millers are alleged to have known the Chinese exporters falsely labeled the pet food to avoid inspection at the time of export. They face 31 years in prison.

According to the indictments, "[m]ore than 800 metric tons of wheat gluten were tainted with the industrial chemical melamine and falsely labeled to avoid inspection in China.

"From April 2006 through April 2007, ChemNutra and the Millers participated in a conspiracy to defraud the companies that purchased ...wheat gluten from them, by concealing material facts from those purchasers. ...ChemNutra received the tainted product at a Kansas port of entry and sold it to their customers, who used it to manufacture pet food".

It is believed between November, 2006 and February, 2007, there were at least 3 shipments to the United States at a cost of about $850,000.  The recall began then in March, 2007.

The grand jury also indicted Xuzhou Anying Biologic Technology Development Co.("XAC"), a Chinese processor of plant proteins; Chinese owner Mao Linzhun or Lijun; Suzhou Textiles, Silk, Light Industrial Products, Arts & Crafts I/E Co. ("SSC"), a Chinese export company; and its president, Chen Zhenhao, on 26 felony charges, intent to defraud and mislead, delivering adulterated foods and falsely labeling wheat gluten to avoid export inspection. They could be sentenced to a total of 78 years in prison.

According to the indictments, SSC contracted with ChemNutra to provide wheat gluten with a specified protein content. SSC then contracted with XAC to supply the gluten. Melamine was added to make the wheat gluten appear to have the required protein. The wheat gluten was then mislabeled; it was not declared as a raw material for food. It was thus shipped with no inspection to the U.S. and distributed by ChemNutra for use in the manufacture of pet food. ChemNutra's customers were unaware the wheat gluten was tainted with melamine and mislabeled.

There could be more charges as the investigation continues.

The United States has no extradition treaty with China. But the Justice Department says it will seek arrest warrants for Mao and Chen; if either travels outside of China, they could be arrested. Also, their companies will not be able to trade with U.S. businesses.

The Chinese government has already closed Xuzhou Anying and placed Mao Linzhun under arrest. It is unclear if he is still in custody.

The case was investigated by the U.S. Food and Drug Administration Office of Criminal Investigation and U.S. Immigration and Customs Enforcement. Click here for more information about the pet food recall and the investigation.

Animal Law Coalition will keep you posted on these events as they unfold.

What You Can Do

Thank the U.S. Attorney, John Wood, and the assistant U.S. attorneys, Gene Porter and Joseph Marquez, for prosecuting this case and urge him to prosecute to the fullest extent of the law. It is an outrage that these people had no regard for the lives they jeopardized, the lives they took, with their criminal and selfish actions. 

U.S. Attorney's Office
Room 5510
400 East 9th Street
Kansas City, MO 64106

Telephone: (816) 426-3122
Toll Free: 1-800-733-6558
Fax: (816) 426-4210