IN RE: PET FOOD PRODUCTS LIABILITY LITIGATION

Filing 242

DECLARATION of Karen M. Firstenberg re #241 Reply Brief to Opposition to Motion to destroy its remaining wheat gluten by CHEMNUTRA, INC.. (BRAZIL, ANTHONY)

IN RE: PET FOOD PRODUCTS LIABILITY LITIGATION

Doc. 242

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 Joel L. Hillman

DECLARTION OF KAN M.
FIRSTENBERG IN SUPPORT OF

CHEMNTRA'S REPLY MOTION TO DESTROY ITS REMAING RECALLED WHAT GLUTEN

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

DECLARTION OF KAN M. FIRSTENBERG
record for ChemNutra Inc. in this litigation. The following facts are within my personal
1. I am an attorney at Morrs Polich & Purdy LLP, counsel of

knowledge and if called upon to do so I could and would competently testify
thereto.
2. Since the recall ofChemNutra's Wheat Gluten (over 1 ~ years) no

effort or request by plaintiffs or any other party has been made to sample or test
ChemNutra's Wheat Gluten.

1

Dockets.Justia.com

3. Attached hereto as Exhibit "A" is a tre and corrct copy of a

its initial request of June 29,2007 to destroy ChemNutra's Wheat Gluten and confirming that the FDA will make available its agents to assist in the destrction ofChemNutr's
correspondence from the FDA confirming the FDA's support of Wheat Gluten, upon an entr of

an Order by this Cour.

I declare under penalty of perjur that the foregoing is true and correct.

2

EXHIBIT A

ChemNutra

Page 1 of 1

Karen M. Firstenberg - ChemNutra
From:
To: Date: Subject: CC:
"Elder, David K." -:david.elder~fda.hhs.gov:;

-:kfirstenberg~mpplaw.com:; 9/26/2008 4: lOAM ChemNutra
"Zeller, Jessica" -:Jessica.Zeller~fda.hhs.gov:;

Good Morning.

Per your request, I confirm that the position represented by FDA in our letter dated June 29, 2007, to Marc Ullman regarding the Agency. FDA employees from our field office wil be available to supervise your client's destrction of the contaminated wheat gluten as soon as practicable after destrction has been authorized.
the contaminated wheat gluten continues to be the position of

Sincerely,

David Elder Dir., Offce of Enforcement

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