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11-24-2005, 12:51 PM | #1 |
Princess Poop A Lot Donating Member Join Date: Nov 2005 Location: Colorado
Posts: 6,728
| Court Order for Banfield To Stop All Sales of Microchips Banfield vets usually work out of Petsmart and the like. Date: Mon, 21 Nov 2005 19:14:46 EST Subject: Court Order for Banfield To Stop All Sales of Microchips Court Halts Nationwide Sale of Banfield Pet ID Chips Fish & Richardson Announces Court Halts Nationwide Sale of Banfield Pet ID Chips SAN DIEGO --(Business Wire)-- Nov. 4, 2004 -- Judge Cites Potential for "Serious, Irreparable Harm," Also Orders Banfield to Notify Customers and Vets of Product Limitations Citing "the potential for pets to be euthanized" as a result of deceptive advertising by Medical Management International, Inc. dba Banfield, the Pet Hospital, the San Diego Superior Court yesterday issued a preliminary injunction blocking Banfield from selling or advertising its pet ID microchips, sold under the name RecoveryChip. Banfield Pet Hospitals are located in PETsMART stores throughout the United States. If Banfield wants to resume selling or promoting its RecoveryChip, the court must first approve that Banfield's proposed advertisements and other promotional materials disclose that the chip "cannot be read by the vast majority of (microchip) scanners in U.S. shelters." Judge William C. Pate noted that Banfield's actions had created a "risk of great, irreparable harm... specifically the increased potential for pets to be euthanized while their owners believe them to be safe." The order is a result of a consumer protection lawsuit filed in May 2004, after Banfield's distribution of its chips triggered a strong response by the pet shelter community calling on Banfield to halt its practice. Pet microchipping systems use a scanner (or reader) to read a small microchip transponder that is injected under the skin of a pet. The vast majority of U.S. animal shelters and vet clinics utilize a scanner system based on 125 kHz. Banfield introduced an incompatible 134.2 kHz microchip, used mainly in foreign countries, which cannot be read by scanners used by most American veterinarians and shelters. The court also ordered Banfield "to notify all purchasers of its RecoveryChip, or any other 134.2kHz electronic identification tags it has sold, as well as all veterinarians to whom it has recommended these products" of the chip's limitations. Finding that consumers were "likely to be deceived" by Banfield's past advertising and promotion efforts, the court recognized that the circumstances presented were "extraordinary and the potential for serious, irreparable harm warrants the issuance of a mandatory preliminary injunction to inform potentially affected pet owners." The injunction requires Banfield's notification to be approved by the court, and to state that only certain, specifically listed shelters are equipped with scanners that can read Banfield's chip. The notification also must disclose that the mere fact that shelters have such scanners "does not guarantee that the shelters will actually use those scanners on lost pets." Finally, the notification must further disclose "that the majority of shelters presently use a scanner that will not detect or read (Banfield's) implanted chip." "Veterinary medical communities throughout the U.S. believe that Banfield's reckless introduction of a foreign microchip put U.S. pet microchipping and recovery systems in jeopardy," said Hannis L. Stoddard III, D.V.M. and president of AVID, one of the parties that brought the lawsuit. "Judge Pate's order may very well save pets' lives." AVID manufactures FriendChips, a microchip pet ID tag that has been used successfully throughout the country to reunite pets with their families for years. "Today's decision forces Banfield to take responsibility for its actions and come clean with pet owners and veterinarians," states Daniel Pascucci of Fish & Richardson, counsel for AVID and veterinarian Robert Stonebreaker, D.V.M., who filed the consumer protection lawsuit against Banfield. "It is an important step in stopping and remedying an advertising campaign that the court recognized was likely to deceive consumers and create a risk of unnecessarily euthanized pets." A copy of the news release detailing the original lawsuit filed in May 2004 is available at: < http://www.fr.com/news/articledetail.cfm?articleid=316> http://www.fr.com/news/articledetail.cfm?articleid=316 For more information about AVID, visit < http://www.avidid.com./> http://www.avidid.com .. For more information about Fish & Richardson, visit http://www.fr.com
__________________ Cindy & The Rescued Gang Puppies Are Not Products! |
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11-24-2005, 01:04 PM | #3 |
Tinkerbell, My Little Flutterpup Donating Member Join Date: Feb 2005 Location: Beautiful California!
Posts: 6,112
| I am just shaking my head at this. |
11-24-2005, 01:48 PM | #4 |
Princess Poop A Lot Donating Member Join Date: Nov 2005 Location: Colorado
Posts: 6,728
| I am thrilled by this type of action being taken because I see the judicial system FINALLY doing something about (heart)pain being inflicted on people in regards to their pets. Maybe it is just wishful thinking on my part and it is only about deceptive advertising but I can dream. If more of these actions were taken then puppy mills could be stopped along with mass breeders. The companion animal industry is over a 9.5 billion dollar business with little to no regulations. I see to much suffering in animals and humans that love these animals and the only way this is going to stop is if the public wants it to stop. It is totally unexceptable to me that 5 - 10 million animals are euthanized every year in this country because of mass breeding. Of course I could go on but it is time to get off of my soapbox.
__________________ Cindy & The Rescued Gang Puppies Are Not Products! |
11-24-2005, 05:14 PM | #5 |
BANNED! Join Date: Mar 2005
Posts: 8,246
| I agree Cindy! It is important for everyone to get involved! There are plenty of animal rights lawyers out there winning these judgments everyday and it is the lawyers who are fighting the puppymills and abuse of dogs in our country, but it is a huge battle because the USDA condones the practice of mass breeding at this time so it is not illegal. We need to put pressure on the AKC and any other registries to stop registering the puppies from these puppymills. That would go a long way toward stoppng the abuse of animals. They hold a lot of power. Until there is evidence that the AKC is discontinuing it's practice of registering dogs bred and raised in hideous conditions I will speak out against them. |
11-24-2005, 06:00 PM | #6 |
I Love Thor Donating Member | OMG that is so messed up! I can't believe Banfield! I almost went with them but I am sure glad I didn't!!! Thanks for the info! |
11-24-2005, 06:04 PM | #7 |
Donating YT 30K Club Member | I haven't had cali micro chipped yet because the vet said when I furst got her that she was too little and the needle used would hurt her that I should wait until she is spayed and do it then. Whayt chip should I make sure they use the one by AVID? Thanks
__________________ Cali Pixie Roxie : RIP Nikki; RIP Maya;RIP my sweet Dixie girl 1/17/08 http://callipuppyscastle.bravehost.com/index.html |
11-24-2005, 06:41 PM | #8 |
Princess Poop A Lot Donating Member Join Date: Nov 2005 Location: Colorado
Posts: 6,728
| Cali, You might want to check out the following link and hopefully it will give you the answers you are looking for. Mine are Avid but that is because they were donated to the rescue from the company. Mine were all micro-chipped when they were spayed/neutered. http://www.hsus.org/pets/issues_affe...icrochips.html
__________________ Cindy & The Rescued Gang Puppies Are Not Products! |
11-25-2005, 07:02 AM | #9 |
Princess Poop A Lot Donating Member Join Date: Nov 2005 Location: Colorado
Posts: 6,728
| I am bumping this so if people have Banfield micro-chips they are aware of this issue.
__________________ Cindy & The Rescued Gang Puppies Are Not Products! |
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