Neighbors of the Nestle-Purina Petcare dog food factory in Denver have filed a class action lawsuit against the company due to the noxious odor emitted by the facility causing their eyes to water. Robert Fields and Lorena Ortiz allege in their lawsuit that the smell affects around 2,000 homes, as well as local parks, schools, libraries, and businesses. Residents have filed complaints with the Colorado Department of Public Health and Environment, claiming the odors exceed state standards and have described the smell as rancid and nauseating, similar to someone vomiting in their backyard.
Over 50 additional neighbors have joined the lawsuit, documenting the overwhelming smell that they have been experiencing. The plaintiffs are requesting that a judge declare the Purina plant a nuisance for failing to control the odors and are accusing the company of negligence. They are also seeking unspecified damages for the distress caused by the odor. Nestle-Purina is accused of not maintaining the necessary equipment to mitigate the smell despite receiving numerous complaints from residents over the years.
The Nestle-Purina plant in north Denver has been operating since 1930, initially producing livestock feed until transitioning to pet food in 1972. Complaints from residents regarding the strong smell emitted by the plant have been ongoing, with one stating that the odor is so strong it makes them gag at least once a week. Another complaint noted that the odor is so toxic that it causes their eyes to water from over a mile away. The smell has been a persistent issue for the local community, affecting their quality of life.
In November 2021, state health department officials measured the air quality near a local library and found two instances of the air quality exceeding state standards. Despite these findings and the complaints from residents, Nestle-Purina has not made significant efforts to address the issue. Lorie Westhoff, a spokesperson for Nestle-Purina, declined to comment on the ongoing litigation but emphasized that the company is committed to being a good neighbor. The lawsuit highlights the ongoing struggle faced by the community due to the unpleasant and potentially harmful odors emitted by the Purina plant.
The class action lawsuit filed against Nestle-Purina Petcare by neighbors of their Denver factory is seeking justice for the distress caused by the noxious odor that permeates the surrounding area. The smell has been described as rancid and nauseating, with residents experiencing physical discomfort and distress as a result. The lawsuit accuses Nestle-Purina of negligence for failing to control the odors emitted by their plant and for not maintaining the necessary equipment to mitigate the smell, despite years of complaints from the community.
Residents have filed complaints with the Colorado Department of Public Health and Environment, stating that the odors exceed state standards. More than 50 neighbors have documented their experiences of the overpowering smell that affects their daily lives. The lawsuit also highlights specific instances where the smell has been particularly strong, causing physical reactions such as gagging and eye watering. Despite these complaints and evidence of the odor’s impact on air quality, Nestle-Purina has not made significant efforts to address the issue, further causing distress to the community.
