Lawsuit Claims Odor From Purina Pet Food Plant Is Harming Neighbors

Have you ever stepped outside your home in Colorado, expecting to breathe in some crisp mountain air, only to be assaulted by an overwhelming, nauseating stench?

For residents living near the Nestle Purina pet food plant in Denver, Colorado, this isn’t just an occasional annoyance – it’s a frequent reality that’s damaging their health, quality of life, and property values.

The persistent, foul odor emanating from the facility has pushed these community members to take a stand, filing a class action lawsuit against Nestle Purina in a bid to reclaim their right to clean air and a healthy living environment. The Denver personal injury lawyers at Fuicelli & Lee are working with Denver residents affected by the Nestle Purina pet food manufacturing odors.

Our firm is a leader in this effort to help residents reclaim their property and their lives. This legal battle is about much more than unpleasant smells; it’s about a community fighting a corporate neighbor whose manufacturing operations have made over 2,000 homes and their neighborhoods unlivable at times.

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Background of Nestle’s Purina Pet Food Plant in Denver

The Nestle Purina’s Denver dog food plant, located on York Street near the heart of Denver, has been a fixture in the community since 1930. The facility produces a variety of pet food products and plays a significant role in the local economy, providing jobs and contributing to the city’s industrial base.

However, with Denver’s growth and the expansion of the Nestle Purina plant over the years, the distance between the plant and residential neighborhoods has shrunk. With such close proximity, manufacturing giants like Nestle Purina must ensure their industrial operations don’t harm surrounding communities by contaminating the soil, water, or air.

The Nestle Purina plant on York St. in Denver is close to homes and businesses, making its corporate duty of ensuring safe, clean operations all the more imperative. When manufacturers fail in this responsibility, they risk the well-being of entire communities.

That is what this class action lawsuit is all about. Denver residents have a right to clean air and to enjoy their homes and neighborhoods without sickening odors driving them out.

What is the Denver Class Action Lawsuit Against Nestle Purina About?

A group of Denver residents filed the class action lawsuit against Nestle Purina PetCare Company on May 28, 2024, in the United States District Court for the District of Colorado. The lawsuit comes after years of complaints and growing frustration among Denver residents who say that the odors from the Nestle Purina plant pet food plant have significantly impacted their daily lives.

The named plaintiffs in this case seek to represent a larger class of affected residents, estimated to include over 2,000 households. The lawsuit is open to all owners/occupants and renters of residential property residing within one mile of the Nestle Purina PetCare plant.

The lawsuits make several allegations against Nestle Purina for its failures, including:

• Not installing adequate equipment to control smells
• Not maintaining their odor control systems properly
• Using inadequate processes to capture and control odors from cooking pet food
• Failing to properly filter exhaust air before releasing it
• Not developing or using an effective plan to prevent odors
• Ignoring available technologies that could reduce or eliminate odors
• Not implementing other measures that could lessen the smell problem

As a result, these failures have taken a toll on residents of the affected area in several ways. The lawsuit alleges that residents are suffering from:

• Persistent and overwhelming odors that invade homes and permeate outdoor spaces
• Health issues, including headaches, nausea, gagging
• Reduced quality of life and inability to enjoy their properties
• Diminishment of property value due to the ongoing odor issues

The lawsuit seeks compensation for affected residents and demands that Purina take decisive action to mitigate the odor problems.

The proposed class is limited to owner/occupants and renters of properties in the areas of Denver affected by the odors (the Class Area). While other individuals may have been exposed to the foul odors, they have not suffered damages like the residents have, the lawsuit states.

Nestle Purina Odors Overwhelming Thousands of Denver Residents

The Nestle Purina class action lawsuit details the toll that the Nestle Purina factory odors have had on nearby communities.

Many residents have filed official complaints with the Colorado Department of Health and Environment (CDHE). These complaints highlight the severity of the issue:

• On January 31, 2023, a complainant reported that “at least once a week… the smell is so strong it makes you gag.”
• On August 30, 2022, another complaint stated that “Purina is releasing something so toxic that it’s making our eyes water over a mile away…”
• On June 7, 2022, a complainant reported that the “smell from the Purina plant is making her sick.”

The lawsuit cites residents of the Class Area who describe how the odors are affecting them and their home lives:

• One plaintiff stated that they “can’t plan an outside event… can’t have windows open… you would rather be too hot inside than have the smell come in.”
• Another plaintiff stated that the “smell is horrible and she does not even want to go outside.”
• Other residents reported that the odors cause nausea and headaches and can linger in homes for hours.
• Some residents described the smell as “rancid” and likened it to “someone barfed in your back yard and then it baked in the sun and then you put a fan on the smell to keep it circulating.”

Purina’s Denver Dog Food Plant = Diminished Property Values

Residents allege that the noxious odors from the Nestle Purina dog food plant have “invaded” their homes, yards, and community spaces. They seek damages for the loss of use and enjoyment of those properties and the subsequent decline in property values, which the residents allege is substantial.

Plaintiffs say that despite their complaints, Nestle Purina has failed to prevent or reduce the odors coming from its Denver factory. The company’s failure to properly design, operate, repair, or maintain the pet food plant has led to frequent and ongoing emissions of the foul odor, constituting a public nuisance.

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Government Response to Denver Residents’ Complaints

The Colorado Department of Health and Environment (CDHE) has received several complaints from affected neighborhood residents about the overpowering stench. Their findings scientifically validate the complaints.

CDHE staff have conducted on-site inspections to verify the complaints. In November 2021, an employee visited the area around Valdez Library on Vine St. and found the odor far exceeded the legal limit — twice within 25 minutes.

Another CDHE inspector followed up on another day and measured similarly excessive odors with a nasal ranger device. The employee documented the odor violations and sent them to state regulators for enforcement.

The CDHE formally warned Nestle Purina in November 2021 for violating odor regulations. In June 2022, Nestle Purina agreed to follow air quality rules by implementing a plan to control the odor. However, despite the agreement, the odors – and the complaints – persisted.

The CDHE continues to document instances of odors that exceed regulatory limits and reports these to state authorities for enforcement. Their ongoing efforts to monitor and address the problem underpin the residents’ complaints and the resulting class action lawsuit against Nestle Purina.

Purina Settles Penn. Class Action Alleging Sickening Pet Food Manufacturing Odors

The Denver lawsuit against Nestle Purina isn’t the first time a group of residents has taken the pet food maker to court over nauseating odors.

In August 2020, residents living near Nestle Purina’s Allentown, Pennsylvania, pet food plant filed a class action lawsuit claiming that the noxious odor from production there spoils their quality of life and diminishes their property values.

Like the plaintiffs in the Denver class action, the Allentown residents said that “noxious odors” from the Nestle Purina plant were physically invading their properties.

The suit alleged that the odors, originating from the cooking and drying of raw proteins and animal fats, on-site waste treatment and decaying matter, were invading nearby properties.

The Pennsylvania case resulted in a proposed $800,000 settlement in March 2021, with Nestle Purina agreeing to implement additional odor control measures and compensate affected residents within a 1.75-mile radius of its plant.

The Allentown case demonstrates that Nestle Purina isn’t doing enough to protect nearby communities from harmful emissions.

Do Corporations Like Nestle Purina Have a Legal Duty to Their Communities?

Industrial manufacturers like Nestle Purina have a significant duty to act responsibly within their communities. This responsibility extends beyond legal compliance to encompass ethical considerations and good neighborly practices.

When manufacturers fail to act responsibly, the consequences can be severe and far-reaching. Key responsibilities of industrial manufacturers include:

1. Adhering to environmental regulations
2. Maintaining safe working conditions
3. Minimizing negative impacts on surrounding areas
4. Engaging in open communication with the community
5. Investing in pollution control technologies
6. Responding promptly to community concerns

When manufacturers fail to abide by safety and health regulations, serious problems can arise, including:

1. Health Issues: Exposure to pollutants, noxious odors, or harmful chemicals can lead to respiratory problems, headaches, nausea, and other short- and long-term health conditions for nearby residents.
2. Environmental Damage: Improper waste management or emissions can contaminate soil, water, and air, harming local ecosystems and wildlife.
3. Property Value Decline: Persistent issues like bad odors or pollution can diminish property values in surrounding neighborhoods, causing financial harm to homeowners and businesses.
4. Lower Quality of Life: Frequent exposure to industrial byproducts like noise, odors, or light pollution can significantly diminish residents’ enjoyment of their homes and outdoor spaces.
5. Erosion of Community Trust: Repeated violations or failure to address concerns can lead to a breakdown in trust between the manufacturer and the community.
6. Legal Consequences: Non-compliance with regulations can result in fines, lawsuits, and potentially forced facility closures.
7. Economic Impact: If a manufacturer is forced to reduce operations or close due to violations, it can lead to job losses and reduced local economic activity.
8. Increased Regulatory Scrutiny: Persistent issues may lead to stricter regulations, affecting not just the offending company but potentially the entire industry.

By adhering to safe and responsible operations, manufacturers can avoid these negative outcomes and promote better relationships with their communities. The Denver Nestle Purina class action underscores the importance of this corporate responsibility and the potential consequences of failing to address community concerns.

The Power of Lawsuits to Promote Corporate Change

When government fines fail to motivate large corporations to address major safety issues, lawsuits like the one in Denver can be a powerful catalyst for change.

For instance, the City of Denver fined Nestle Purina $12,000 over its repeated noxious odor emissions. That’s certainly a step in the right direction, but the fine isn’t even a drop in the bucket for a giant multinational conglomerate of its size.

Modest penalties usually fail to motivate corporations to make significant operational changes, especially if those changes cost more than the fines.

Class action lawsuits, on the other hand, can make a much more substantial impact. Legal aspects that can promote positive change include:

1. Financial Pressure: The potential for large settlements or court-ordered damages can create real financial pressure, even for major companies.
2. Reputational Risk: High-profile lawsuits attract media attention, potentially damaging a company’s brand and public image.
3. Precedent Setting: Successful lawsuits can set legal precedents, making it easier for other communities to hold companies accountable.
4. Operational Changes: To avoid future litigation, companies may implement more stringent environmental controls and practices.
5. Shareholder Concern: Lawsuits can raise concerns among shareholders, pushing for internal changes to protect their investments.

In the case of Nestle Purina in Denver, the class action lawsuit represents a more meaningful challenge than the city’s $12,000 fine. This kind of legal action clearly conveys that communities won’t tolerate corporate negligence, even from well-established industry giants.

Fuicelli & Lee: Fearless Advocacy, Proven Results

If you’re a Denver resident affected by the odors from the Nestle Purina pet food plant, you don’t have to tolerate it. The class action lawsuit brought by your neighbors represents a crucial step in addressing this long-standing issue, but your voice and experiences are just as valuable.

At Fuicelli & Lee, our personal injury lawyers understand the profound impact that industrial emissions and other corporate negligence can have on your health, quality of life, and property values. As part of the Denver community, we’re committed to fighting for the rights of community members adversely affected by corporate negligence and environmental hazards.

If you have any questions about the Nestle Purina class action lawsuit or any other act of negligence or wrongdoing that has harmed you or a loved one, call us today at (303) 444-4444  or fill out our online contact form.

You are an important part of the Denver community. Your health, your home, and your quality of life matter. Fuicelli & Lee Injury Lawyers is always ready to fight for your rights and hold corporations accountable.