One Lawsuit Against Purina for Stinking Up Denver Was Dropped — but Another Was Already Filed

One lawsuit filed against the Purina factory in north Denver over noxious odors leaking from the plant has been dropped, but another has been filed.

According to an order of dismissal issued on May 28 in U.S. District Court for the District of Colorado, the original named plaintiffs dismissed their claims with prejudice — but the broader class action was dismissed without prejudice, allowing another claim to be filed for the same allegations but with different class representatives.

Those seeking damages for a claimed loss of property value due to the nuisance of horrible smells from the facility at 4555 York Street have already filed a new lawsuit. The plaintiffs are represented by Liddle Sheets Coulson, a Detroit-based class-action firm, and Fuicelli & Lee, a Denver personal-injury firm.

Attorney Laura Sheets says she cannot “legally offer any further details” on the reason the first case was dismissed.

On June 4, "we filed another lawsuit with different named plaintiffs who are alleging the same claims that were made in the originally filed lawsuit: namely, that odors from the facility interfere with residents’ ability to use and enjoy their property and negatively impact property value,” Sheets adds.

The new class representatives are Andrew Boyle, Cole Guffey, Jessica Owens-Neckien and Glory Silwedel. All live within a mile of the factory and say they have been negatively impacted by the odors from Purina’s pet-food manufacturing process.

Over fifty households are in the potential class-action area within a mile of the factory. The class asks for trial by jury over claims that Purina’s stink is a nuisance and that the company’s design, operation and maintenance of the factory is negligent.

“Defendant's pet food products include animal-derived raw proteins and animal fats, many of which are highly odiferous,” the lawsuit says. “Defendant's cooking process produces highly odiferous emissions.”

Purina has operated the Denver factory since 1930, but back then the plant was primarily used to produce feed for livestock. In 1972, the plant transitioned to making pet food exclusively, according to a Nestlé website.

The pet food giant has over 350 employees at the Denver plant, which sits near the Elyria-Swansea and Globeville neighborhoods. That area has long been identified as one of the most polluted in the country, and Purina reportedly led Denver’s list of smell complaints in 2023.

The lawsuit alleges the notorious stench doesn’t have to exist, and only does because Purina doesn’t operate correctly. “A properly designed, operated, and maintained pet food manufacturing Facility will adequately capture, remove, and dispose excess noxious emissions and will not emit noxious odors into the ambient air as fugitive emissions,” the lawsuit says.

According to the lawsuit, Purina is required to implement reasonably available odor mitigation and control systems to prevent odors from escaping into ambient air around the factory — but does not do so.

“Defendant's failures to prevent noxious off-site odors include, but are not limited to: operating and maintaining inadequate systems for operating and maintaining a pet food cooking process that inadequately captures, controls, and/or mitigates odors,” the lawsuit says.

The lawsuit also alleges that Purina doesn’t treat or filter exhaust before emitting it into the air, has an inadequate or nonexistent odor prevention plan, and doesn’t use available mitigation measures or technology.

The members of the class have suffered serious discomfort as a result, according to the lawsuit, which describes the odors as “offensive.” Those offensive odors have allegedly caused property damage, too.

“The invasion of Plaintiffs' property and that of the Class by noxious odors has reduced the value of that property and has interfered with the use and enjoyment of that property, resulting in damages,” the lawsuit adds.

In the suit, the named plaintiffs claim that they can’t go outside, open their windows, work in their gardens or host parties; they also say they regularly feel nauseous or sick because of the Purina stink.

“I’m doing this for a better quality of life, not only for myself but other residents of the neighborhood,” says plaintiff Owens-Neckien, who lives at the nearby Viña Apartments.

Purina has been fined multiple times in the last five years for its stinky emissions. In 2021, the City of Denver fined Putina $12,000 for repeated emissions of noxious odors. In September 2024, the Colorado Department of Public Health and Environment assessed a $7,000 penalty on the facility for exceeding odorous air contamination laws in 2023.

“Purina is a proud member of the Denver community,” the company said in a statement issued when the original lawsuit was filed. “We have remained committed to being the best neighbor we can be, and that won’t change. Unfortunately, we cannot comment on the specifics of pending litigation.”

Purina did not reply to a request for comment on the new lawsuit.