The owners of Evanger’s Dog and Cat Food Company, obviously not the brightest criminals around, attempt to pull a fast one on the public and the FDA but was outed by blogger Phyllis Entis (AKA the foodbuglady) at eFoodAlert.
Remarkably, the essential detail that eluded the public, and possibly the FDA as well, was brought to light when Ms. Entis realized that Evanger’s test results of the duck pet food refuting FDA’s test results of the duck food were in fact test results for a completely different food than the FDA tested.
The food the FDA tested revealed that Evanger’s 100% grain-free duck pet food did not contain a lick or even a DNA scrap of duck meat.
Unbelievable as it may seem, Evanger’s had the audaciously or just plain stupidity to posted Evanger’s test results of that the duck dog food in dispute does indeed contain duck – were for a completely different brand of duck food.
Hoping that no one would notice the discrepancy, they tooted their little horn, crying indignantly that, by golly, their food does have duck in it and those meanies at the FDA were just trying to make their lives difficult.
Unfortunately, the attempt to fool the public backfired. Miserably.
What the owners of Evanger’s didn’t count on was the sharp eyes of food safety advocate, and microbiologist of note, Ms. Entis would notice that the two foods in question were completely different foods.
The FDA’s Warning Letter (bold added):
We found that the Evanger’s Grain-free Duck Pet Food product was adulterated.
Under Section 402(b)(1) of the FD&C Act, 21 U.S.C. § 342(b)(1), a food is deemed to be adulterated if any valuable constituent has been in whole or in part omitted or abstracted therefrom.
Our investigation revealed that a valuable constituent (duck) was not detected in the product and had been omitted or abstracted therefrom.
Furthermore, this product was misbranded. Under Section 403(a)(1) of the FD&C Act, 21 U.S.C. § 343(a)(1), a food is deemed to be misbranded if its labeling is false or misleading in any particular.
The labeling indicates that Evanger’s Grain-free Duck Pet Food contains duck, but the analytical sample results did not detect the presence of duck in the product.
Evanger’s response (paraphrased, bold added):
Evanger’s has supplied information to FDA which supports their assentation to be inaccurate. [spelling error not mine]
The products in question are: Evanger’s brand Super Premium Duck. The firm’s DNA test results confirmed that there was Duck DNA present in Duck Lot #2401E02DK2.
Although Evanger’s has evidence that contradicts FDA findings, it is the policy of FDA to issue warning letters first while they continue their investigation. Therefore, we expect that there will be a warning letter posted on the FDA website in the near future.
The management of Evanger’s Dog & Cat Food Company, Inc. looks forward to continuing to working closely with the FDA, and we are confident that the resolution will be favorable for Evanger’s.
I hate to break it to you Evanger’s, but you will probably never receive a retraction from the FDA, nor will you ever be likely to receive a resolution favorable to your company from the FDA unless a day should come that pigs will be capable of flight.
I have to wonder also why Evanger’s knew to submit the food to a lab for testing one month before receiving FDA’s Warning Letter.
Is Evanger’s psychic? Did they have a crystal FDA ball which alerted them that they would need to perform a DNA species identification test on a food for a problem yet unforeseen?
Evanger’s food substitution shenanigans:
Evanger’s Grain Free 100% Duck Canned Dog and Cat Food; INGREDIENTS: Whole Dressed Duck and Duck Broth.
Evanger’s Super Premium Gold Dinner Duck & Sweet Potato Dinner; INGREDIENTS: Duck, Chicken Broth, Sweet Potatoes, Liver, etc.
Now I ask you, how is it reasonably possible that these two brands could ever be mistaken for one another by the company that manufactures them?