LITTLE ROCK, Ark — The lawsuit filed against Family Dollar and parent company Dollar Tree for violating the Arkansas Deceptive Trade Practices Act (ADTPA) following a rat infestation at their West Memphis warehouse will go forward after a Pulaski County Circuit judge denied a motion to dismiss the suit on Wednesday, Sept. 18.
Earlier this year, the U.S. Attorney for the Eastern District of Arkansas accepted a guilty plea from Family Dollar in a federal criminal case related to rat infestation. Part of the plea agreement was a fine and forfeiture of more than $41 million.
“I applaud the court’s decision to permit this case to proceed,” said Arkansas Attorney General in a press release, “Family Dollar knew about the prevalent rodent infestation in its West Memphis distribution center and failed to warn Arkansas consumers
The full lawsuit can be read here.
Family Dollar’s Rat Infestation
On Feb. 18, 2024, the U.S. Food and Drug Administration (FDA) announced that more than 1,000 rodents were found inside Family Dollar’s distribution facility in West Memphis. This prompted the chain to issue a voluntary recall that impacted over 400 stores in the South.
Later, ABC24 learned inspection reports showed the same facility had violations related to rat infestations going back to January 2021, over a year before the mass infestation was announced and several stores closed. According to the lawsuit, state and federal inspections also showed Family Dollar had known of the rodent infestation at its facility since at least January 2020.
In a statement, the FDA said it was "urging caution around any items purchased since Jan. 1, 2021, at Family Dollar stores in Alabama, Arkansas, Louisiana, Mississippi, Missouri, or Tennessee."
Products affected included human food, pet food, dietary supplements, cosmetics, medical devices and over-the-counter medications that were purchased in January or February from Family Dollar stores in Alabama, Arkansas, Louisiana, Mississippi, Missouri or Tennessee.
Family Dollar said in early March, they were gradually reopening doors but didn't release a full timeline on when customers can expect their neighborhood store to reopen. Officials also announced plans to rebuild the West Memphis distribution center in October, 2023.