Friday, June 12, 2009

BREAKING NEWS: FDA Suspends Evanger's Operating Permit

June 12, 2009

FDA announced this evening that it was suspending the temporary operating permit under which Evanger's Dog and Cat Food Company, Inc. has been operating for the last year.

The agency took this action after determining that Evanger's was not operating its canning operation according to ". . . prescribed process, equipment, product shipment, and recordkeeping requirements . . ." as set out in the temporary operating permit.

According to FDA, Evanger's deviations from prescribed protocols could ". . . result in under-processed pet foods, which can allow the survival and growth of Clostridium botulinum (C. botulinum), a bacterium that causes botulism in some animals as well as in humans."

Evanger's is an Illinois-based privately owned pet food company that manufactures and sells "premium" dog and cat foods, and pet treats. In April 2008, FDA announced that the company would be allowed to continue manufacturing canned pet food under a temporary emergency permit while it brought its low acid canned food processing operations into compliance with federal requirements.

When the FDA notice was released last year, Evanger's took strong exception to its contents. Holly Sher, the company's President, had the following response to our original post last April:
"The FDA news release is highly inaccurate and misleading. Evanger's Dog and Cat Food Company is not under emergency permit and is currently manufacturing and distributing its products worldwide with FDA approval. There have been no allegations for unsafe product or recalls. Please go to for company statement."

It's evident, based on today's FDA announcement, that Ms. Sher's statement was disingenuous, at best. While there have been no product recalls – FDA cannot force a recall under current law – the company clearly has been producing its canned food lines under an emergency permit.

FDA cannot stop Evanger's from continuing to produce its canned dog and cat foods. But by suspending the temporary emergency permit, the agency can – and has – stopped Evanger's from selling its product outside the company's home state of Illinois.

We strongly urge dog and cat owners who may have purchased Evanger's canned foods to either discard any remaining product or to return the unopened cans to their retailer. Please switch to another brand of food until FDA lifts the suspension of Evanger's operating permit.

Do not put your dogs and cats at risk.


  1. Evanger's blames the "process authority". Nutro blames the premix supplier.

    Blame games break Customer Trust & Highlight Failures in the companies own process controls, QA/QC.

    Do we buy from companies that don't take responsibility for their own company actions, how they process, how they test and products they sell?

    Is the process authority the one they stated they were using last year, TechniCal Inc, and does TechniCal have a response?

  2. 'Bout time the FDA got out the padlocks, locked the doors, and shut down all PFC's which can't (or won't) control their manfacturing processes.

    Until there are serious consequences, including jail time and stiff fines, I don't believe the poor quality of commercial pet food will improve.

  3. BTW:

    In January 2009 a lawsuit was filed against Evanger's and the Shers. The lawsuit is seeking class action status.


    Barragan et al v. Evanger's Dog and Cat Food Co., Inc. et al

    CIVIL DOCKET FOR CASE #: 1:09-cv-00227
    US District Court Northern District of Illinois Eastern Division

    Cause: 29:201 Denial of Overtime Compensation

    05/12/2009 31 MINUTE entry before the Honorable John W. Darrah: Class certification motion to be filed by 6/2/09, response by 6/23/09, reply by 7/7/09. Status hearing set for 8/20/09 at 9:00 a.m. (Entered: 05/13/2009)

    06/02/2009 32 MOTION by Plaintiffs Francisco Barragan, Liberto De La Rosa to certify class (Entered: 06/02/2009)

    End Quote

  4. The case referred to in comment #3 is unrelated to food safety issues.

    I'll have more to say about Joel Sher's statement.

  5. I am so happy that the FDA has taken a stance on this, god willing others will get on the ball and take seriously what they are producing to sell to us to feed to our dogs,
    I hope and pray if it hits ones pocket it will make them take notice and care,,until the government sets in a bit more then they have already it douptful that will happen
    I just heard of another dog dieing as a result of Nutro foods,, seems its starting all over again

  6. What a tragedy the FDA is, "making an example" of this company. I am a long user of this food and have phoned the company a few times over the passed few years, and I receive the most satisfactory customer service and satisfaction. It is nice to know that some small businesses are still around, and it would be an absolute terrible tragedy if this gets worse for Evanger's.
    In my prayers Evanger's, I believe in you!!!


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