Arkansas attorney general files lawsuit against Family Dollar over rodent infestation at facility
The Arkansas attorney general filed a lawsuit against Family Dollar for selling "potentially harmful or contaminated products" due to a "massive rodent infestation" at its West Memphis, Arkansas distribution center.
Attorney General Leslie Rutledge claims that Family Dollar, under the parent company Dollar Tree Inc., knew about the rodent infestation for years but allowed unsafe products to be sold at hundreds of stores in Arkansas and five other states throughout the region.
"Their total disregard for public safety endangered Arkansas consumers and forced hundreds of employees to work in unsafe conditions at the West Memphis Distribution Center," Attorney General Rutledge said in a Thursday news release.
The lawsuit seeks punitive damages, restitution, and civil penalties through the Arkansas Deceptive Trade Practices Act to protect the health, safety and economic well-being of tens of thousands of Arkansas consumers who purchased or used the affected products sold by Family Dollar.
"In many rural communities in Arkansas, families rely on discount stores like Family Dollar for essential products such as food, medicine or pet food," said Attorney General Rutledge. "Family Dollar has had knowledge of this dangerous and massive rodent infestation for over two years, yet they continued to sell and profit from potentially contaminated goods. Consumers lost money and could have lost their lives."
According to the attorney general, reports from state and federal health inspectors show that Family Dollar had knowledge of its rodent infestation since at least January 2020.
In March 2021, the Arkansas Department of Health inspected the West Memphis Distribution Center where inspectors reported seeing "significant rodent activity where human food and pet food were stored" and management stated that they were aware of the rodent issues.
In April 2021, state health inspectors reported that effective measures were not being taken to stop the rodent infestation. Following notices from the Arkansas Department of Health and consumer complaints, the U.S. Food and Drug Administration (FDA) began an investigation in January 2022 of the West Memphis Distribution Center.
The FDA issued a safety alert regarding the distribution center, which stated in part:
"Conditions observed during the inspection included live rodents, dead rodents in various states of decay, rodent feces and urine, evidence of gnawing, nesting and rodent odors throughout the facility, dead birds and bird droppings, and products stored in conditions that did not protect against contamination. More than 1,100 dead rodents were recovered from the facility following a fumigation at the facility in January 2022."
The contaminated products allegedly included human foods, animal foods, cosmetics, medical devices, and over-the-counter medications for both adults and children.
Following the FDA’s investigation announcement, Family Dollar issued a "voluntary recall" and was forced to temporarily close 404 stores, including 85 Arkansas stores, so that hazardous and contaminated products could be removed from its shelves.