A class-action lawsuit against the Nestle Purina pet food plant in Denver, Colorado’s Elyria-Swansea neighborhood has taken an unexpected turn, with the original case being dismissed exactly one year after filing, only to be immediately replaced by a new lawsuit with different plaintiffs making nearly identical claims.
The saga began on May 28, 2024, when Robert Fields filed a civil complaint against Nestle Purina Petcare Co., targeting the plant that has operated near Interstate 70 for decades. Fields was later joined by co-plaintiff Lorena Ortiz in what became a class-action suit representing residents within a one-mile radius of the facility at 4555 York Street.
Exactly one year later, on May 28, 2025, Fields’ attorneys filed paperwork to voluntarily dismiss their complaint, noted a report from 9News. Court records do not specify the reason for the dismissal.
As the original case was being dismissed, the same Detroit law firm, Liddle Sheets P.C., filed a new lawsuit with different neighbors as plaintiffs: Andrew Boyle, Cole Guffey, Jessica Owens-Neckien, and Glory Silwedel. This new claim appears to contain many of the same allegations as the dismissed case, reported 9News.
Core complaints
The original lawsuit focused on what residents described as a “rancid” and “highly odiferous” smell emanating from the pet food processing plant. The original plaintiffs alleged that Purina had “failed to install, maintain, operate, develop, and/or implement adequate odor mitigating strategies, processes, technology and equipment to control its odorous emissions from the facility.”
The impact on residents’ daily lives has been significant, noted the lawsuit. Fields stated in the original complaint that residents “can’t plan an outside event … can’t have windows open” and would “rather be too hot inside then have the smell come in.” Ortiz described the smell as “horrible” and said she “does not even want to go outside.” Other residents reported that the “offensive odors” caused nausea, headaches and watery eyes.
Petfood Industry has reached out to Nestle Purina for comment and is awaiting a response.
