IN RE: PET FOOD PRODUCTS LIABILITY LITIGATION

Filing 198

DECLARATION of Anthony G. Brazil re #194 Notice (Other) of motion and motion to destroy retained wheat gluten by CHEMNUTRA, INC.. (Attachments: #1 Exhibit Exhibit A, Part 1, #2 Exhibit Exhibit A, Part 2, #3 Exhibit Exhibit A, Part 3, #4 Exhibit Exhibit B, #5 Exhibit Exhibits C and D)(BRAZIL, ANTHONY)

IN RE: PET FOOD PRODUCTS LIABILITY LITIGATION

Doc. 198

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY
IN RE PET FOODS PRODUCTS LIABILITY LITIGATION

MDL DOCKET NO. 1850

Case No. 07-2867 (NH) Judge Noel L. Hilman
DECLARTION OF ANTHONY G. BRAZIL IN SUPPORT OF CHEMNTRA'S MOTION TO DESTROY ITS REMAING RECALLED WHAT GLUTEN

STATE OF CALIFORNA )
COUNTY OF LOS ANGELES )
) SS:

DECLARTION OF ANTHONY G. BRAZIL

1. I am an attorney at Morrs Polich & Purdy LLP, attorneys of record

herein for ChemNutra Inc. The following facts are within my personal knowledge
and if called upon to do so I could and would competently testify thereto.
2. For over 6 months I have been working with co-defendants, plaintiffs

counsel and the FDA's office of chief counsel in efforts to comply with the FDA's

request to ChemNutra to destroy its inventory ofXuZhou Anying Wheat Gluten.
3. Previously this court has heard and granted motions by Menu Foods

and Del Monte regarding a sampling, testing and destruction plan for the retained

inventory of pet food products recalled and retained by those companies. Attached

L0134071

1

Dockets.Justia.com

hereto as Exhbit '~A" and "B" are the previously filed Motions, referenced on the

Cour Docket Numbers 87 and 103.
4. In accordace with the oIdei's issue by th Cour in connecon with
those motions, l'epresentatiye samples of

the alleged contamined pe foods to
those

which pets wer exposed are already being retaned. If is the content of

..

fished product tht will determine whether or not a specific pet consumed

contaminated food.
S. I have been working with the FDAts Offce ofChiefCowiel in tring

to comply with the FDA request to ChemNuta to destroy the XuZou Anyin wheat gluten. Attched hereto as Exhbit ICC" is a tre and correct copy of the
FDA letter requesting tht ChemNi.tra destroy its recaled wheat gluten from
XuZhou Anying. Pror to the :fli of

this Motion, I spoke to the FDA's Ofce of

this Motion. The FDA is agreeable to Chutr's request to destry its recaled whea gluten

Chief

Counsel on several o~casions regardłg the scope and content of

and is in agrement to conduct thi destction in accordace with and wide th
supervision of

the FDA

6. In addition, the US Attrney who has been investigating ths incident

has apprved oftls request. If this Cour gran the requested relief, Chemuti
wil implement the destcton in accorce with and under the supervision of

the

FDA. Attched hereto as Exbit "D" is a tre and correct copy of
corresponderioes from the U.S. Attorney's offce confing their approval of

ChemNutr's request.

I declare under penty of perjur that the foregoing is tre and correct

ad/
LOI~4071

2