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The “stale” smell from a pet food factory in Colorado is ruining the lives of people who live nearby, who say the nausea-inducing smell is so strong they can’t even keep their windows open.
Residents within a one-mile radius of the Nestlé-Purina Petcare Co plant in Denver’s Elyria-Swansea neighborhood say the “noxious” smell is “like someone vomited in their backyard and then cooked it in the sun.” .
They claim that, for two years, they have suffered throbbing headaches and watery eyes caused by the nauseating stench, prompting a class-action lawsuit against the company which, they allege, “negligently and willfully” failed to design, operate and maintain the factory. .
Two residents filed a complaint against the company, which owned and operated the pet food factory in an area where more than 2,000 people live. They claim the facility produces an overwhelming “highly odorous” odor that leaves those living within a mile radius scrambling.
“You can’t plan an outdoor event… you can’t have the windows open. I would rather it be too hot inside than have the smell come in,” said Robert Fields, one of the plaintiffs in the lawsuit filed Tuesday.
Mr. Fields’ comments are echoed by at least 50 other residents who have joined the lawsuit and described the smell in detail.
Residents of a Colorado neighborhood have filed a class-action lawsuit against Nestlé-Purina because its Denver factory omits a “harmful” odor (9News/YouTube)Purina is known for its range of dry and wet pet foods (Purina)
“I would describe the smell as rancid,” Robert Boughner and Kelly MacNeil, two putative members of the class, told attorneys representing the plaintiffs. “It’s like if someone threw up in your backyard and then it baked in the sun and then you put a fan on the smell to keep it circulating.”
The group alleges that Nestlé-Purina “negligently and knowingly” failed to design, operate and maintain the factory, causing the “stale” smell.
They are asking for damages and an injunction over state and federal regulations.
It’s like someone throwing up in your backyard and then baking in the sun and then you put a fan on the smell to keep it circulating.
Nestlé-Purina Lawsuit Class Members
Mr. Fields and his co-plaintiff, Loren Oritz, say community members have been complaining about the smell to the Colorado Department of Health and Environment (CDHE) for at least two years.
In a complaint from August 2022, one person said: “Purina is releasing something so toxic it makes our eyes water from over a mile away…”
A few months later, in January 2023, another complainant said the smell “is so strong it makes you nauseous… at least once a week.”
When CDHE employees investigated the factory in 2021, they noticed that the smell “was very strong.” During a follow-up visit, a nasal guard indicated that the odor exceeded the state regulation of 8:1.
The Nestlé-Purina pet food manufacturing factory in Denver, Colorado (9 News / YouTube)
Employees noted that the plasma units were “behind schedule for routine maintenance,” but due to pandemic restrictions, the Canadian company that would normally service them was unable to reach them.
After alerting Nestlé-Purina about the odors, the company agreed to comply with odor emissions through a proposed plan for 2022. But neighbors continued to file complaints.
A Purina spokesperson said they cannot comment on specific details of the pending litigation, but that “Purina is a proud member of the Denver community and we have operated our York Street factory since 1930. Throughout this time, we have maintained our commitment to be the best neighbor we can be and that will not change.”
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