Via Federal Express

September 13, 2005

The Hartz Mountain Corporation
400 Plaza Drive
Secaucus, New Jersey 07094
Attention: Consumer Relations Department

Re: Adverse Effect Report and Damages Claim – EPA Reg. No. 2596-148 (Hartz Advanced Care Flea & Tick Drops Plus + For Cats and Kittens Weighing 10 Pounds or Less) (the “Product”)

Ladies and Gentlemen:

This letter shall put The Hartz Mountain Corporation (“Hartz” or “you”) on notice that the above-referenced Product, which we used in strict accordance with the package instructions, poisoned our two cats, seriously upset the members of our household and caused us to incur a veterinary bill in the amount of $780.00. The amount of this veterinary bill, together with the cost of the Product including tax ($8.83) equals $788.63 (collectively, the “Costs”). Without prejudice to any other right we may have, we hereby demand an apology from Hartz and full (and unconditional) compensation for the Costs we incurred, immediately, and in any event no later than October 14, 2005. This 30-day response period is customary, reasonable and fair, particularly because Hartz has been on notice for at least 3 years of the dangers of this Product. Our further explanation and documentation supporting of our claim are set out below.

We purchased the Product on August 16, 2005 at the Rite Aid Pharmacy (Store #06288) located at 959 Crenshaw Boulevard, Los Angeles California. The original receipt for this transaction in the amount of $8.83 is attached hereto as Attachment A. The package advertises the Product as for use on cats and kittens weighing 10 pounds or less, providing further that the Product is not for use with kittens under 12 weeks old, old cats or cats with certain conditions (such as pregnancy or known sensitivities). The original Product packaging is attached hereto as Attachment B. Our two cats were healthy and 15 months old. One weighed 10 + pounds, the other weighed 9 + pounds. In reliance on these Product package instructions we purchased the Product.

We applied the Product to our cats the same day, following the instructions strictly. Although the instructions did not instruct us to keep the cats apart, one was let outside and the other kept in the house for several hours until we went to bed that night.

The next morning, our cats were twitching and jerking violently. Their eyes rolled back, they panted and appeared grotesque and in pain. It was very upsetting to watch. I took the cats, together with the Product packaging, to
Dr. Name Withheld of the Name Withheld Animal Hospital. The cats’ condition worsened in the car and at the vet’s office.
Dr. Name Withheld admitted the cats, determined that they had been poisoned by the Product and treated them for poisoning by the Product. He held them 24 hours. An original of
Dr. Name Withheld’s statement, which attests to their condition and describes the course treatment delivered, is attached hereto as Attachment C. I picked the cats up and paid
Dr. Name Withheld’s bill for $780.00 on August 18, 2005. Originals of Dr.
Name Withheld’s itemized bill and my credit card receipt for these amounts are attached hereto as Attachment D.

While the cats were hospitalized, I contacted the Hartz customer service number on the Product package and Hartz website to ask for specific treatment information that I might transmit to my vet. Maddeningly, the customer service representative was rude, defensive and uncooperative. He refused to communicate any treatment information because I was not calling as a veterinarian. I called back and was this time told the on-duty vet was busy, and was instead put through to a private consultant identified as Prosar Animal Poison Control (assigned case no. 1-130-57-639). After a total of 30 minutes of phone trees, hold time and rudeness from Hartz, the consultant was at last responsive.

Most egregious of all, it turns out that our experience with the Product is common. Numerous pet-owners have posted their stories on
www.HartzVictims.org. In addition, the US EPA took its first action against the Product, to strengthen the Product label, back in 2002. Later, as pet poisonings continued without abatement, the EPA required the Product to be discontinued. Only under the pressure of an administrative action by the EPA did Hartz belatedly agree to withdraw the Product but not without a final delay of many months. We are appalled that Hartz launched this obviously defective and dangerous Product, a state of affairs compounded by Hartz’s insistence on selling this poison through the end of the year. You clearly knew and should have known that the Product was unsafe when you launched it, and you had and have an obligation to pull it from store shelves immediately upon being notified by the public of the Product’s ill effects. How unethical that Hartz should negotiate a tail of so many months to sell off its stocks rather than recall the Product directly. If Hartz had recalled the Product instead of negotiating this tail period, our cats would never have been poisoned.

Finally, in connection with this claim, we are also urging your retailers to cease carrying the Product immediately, both as an ethical matter and to mitigate further liability.

Nothing in this letter shall limit any right or remedy we may have against any party, and we fully reserve our right to seek, without limitation, the full amount of the Costs, additional damages and equitable relief.

Yours truly,

Name Withheld

NO! Absolutely not. Even if you don’t have a pet, call a vet for his or her recommendation. I get pretty damn upset when people e-mail me and tell me to go to hell because I killed their cat because they think I’m Hartz. But what upsets me more is when people ask me if it’s okay to use a certain kind of Hartz product.

No! I’m not going to advocate the use or purchase of ANY Hartz product. Basically what you’re doing is saying, “Hey, Josh, I’d like to support the company that almost killed your cat, as well as thousands of others, by asking you if it’s okay to purchase a product manufactured by Hartz.”

I hate to be so forthright and blunt, but, use your damn head.

No! Do not buy a damn Hartz product. Ever.

If you do, you’re killing someone else’s pet.

Sleep well…

Elise and I will be on vacation out of the country until July 30. In the meantime, please browse the submissions archive or the forum as I won’t be actively updating HartzVictims.org for the next 7 days.

Please be sure to visit Dani’s website: Against Hartz

Thanks,

Josh

HartzVictims.org now has a forum!
Please visit the forum to post
additional stories and to contact other victims directly.

The forum will be a great
way for our cause to gain more ground and allow the media and
professionals to have easier access to your stories. ]]> http://www.hartzvictims.org/2005/05/12/new-hartzvictimsorg-forum/feed/ 0 http://www.hartzvictims.org/2005/04/05/marketing-support/ http://www.hartzvictims.org/2005/04/05/marketing-support/#comments Wed, 06 Apr 2005 04:52:26 +0000 update http://www.hartzvictims.org/2005/04/05/marketing-support/
I’ve had a lot of requests recently for creative marketing peices. Specifically bumper stickers and fliers.