Contact:
Matthew Penzer, Esq. 757-622-7382

Today, PETA fired off a warning to attorneys for Dayton-based Iams to immediately withdraw legal threats against an Atlanta company that posted a PETA-sponsored billboard featuring a beagle in a laboratory cage and stating, "Warning: Iams Is Dangerous to Dogs and Cats." In a letter addressed to the billboard provider, attorneys for Iams threatened legal action if the billboard was not removed by today, May 27. Iams’ demand, however, is being rejected, and the billboard is not coming down.

PETA has today put Iams on notice that such intimidation tactics will not be tolerated and that PETA is prepared to defend itself and even its billboard companies against such improper conduct and may sue Iams if the company continues with its threats.

"If Iams wants to stop PETA from speaking out against the danger to animals caused by the company’s testing activities, all it has to do is stop causing animals to suffer and die," says Matthew Penzer, PETA’s legal counsel. "Until that happens, no amount of heavy-handedness will deter us from exposing the company’s dark side."

May 27, 2004

D. Jeffrey Ireland
Faruki Ireland & Cox P.L.L.
500 Courthouse Plz. S.W.
10 N. Ludlow St.
Dayton, OH 45402

Dear Mr. Ireland:

I am in receipt of your letter on behalf of Iams, in which you demand the removal of an Atlanta billboard on which PETA advises the public of the danger your client poses to dogs and cats. As the information on the billboard was posted by PETA in furtherance of its efforts to expose the mistreatment of animals in Iams-sponsored laboratory tests, your letter has been referred to me for response.

* Iams dogs were left on concrete flooring after having large sections of muscle cut out of their thighs.
* Despite Iams’ claims that it does not participate in any study that requires or results in euthanasia of dogs, 27 of 60 dogs were killed after undergoing muscle-biopsy surgeries, and two more dogs from this group were found dead in their cages after the surgeries.
* A worker at the facility talked about an Iams dog found dead in his cage, bleeding from his mouth.
* Despite Iams’ claims that it only conducts veterinary studies that would be the equivalent of acceptable human studies, PETA’s investigation revealed procedures commissioned by Iams involving sticking tubes down dogs’ throats to force them to ingest vegetable oil.
* Facility workers talked about an incident in which a live kitten was washed down a drain.
* Facility workers talked about how they had to go home because the ammonia fumes in the animal trailers were so overpowering that their eyes burned.
* Cats were kept in a cinderblock room with crude wooden "resting" boards that had nails sticking out of them, and one of the boards fell on a cat, crushing her to death.
* Dogs would frantically circle or cower in the backs of their small and barren, metal-slatted cages.

Truly, I think that you’ll need either a different argument or a different definition of "dangerous" if you hope to defend your client’s actions and stop us from exposing the danger that Iams poses to animals. If your client would stop engaging in such cruel practices, not only would the animals be better off, but PETA would remove the billboards and Web site that reveal a side of Iams that the company is obviously anxious to conceal from the public.

Regarding your client’s tactic of directing legal threats at billboard companies, i.e., threatening the messenger who had no part in the creation of the message: Please know that while PETA still has any reason to believe that Iams’ testing program poses a danger to dogs and cats, we will reach the public through billboards like this, through leaflets and demonstrations, and through the IamsCruelty.com Web site. Be assured that we are fully prepared to defend ourselves and those who assist us against any legal threats designed to impair our ability to advise consumers of what goes on behind the advertising. Should you continue to direct improper legal threats at PETA’s associates and make false representations about PETA’s knowledge of your client’s cruel testing practices, we are certainly prepared to initiate legal action ourselves to stop such conduct.

Please direct any future communications on this matter to me. Thank you.

Sincerely,

Matthew Penzer
Legal Counsel

cc: Steve Moody, Project Director
Kenneth W. Rickert, General Counsel
U.S. Media