Class action lawsuit filed against Nestle Purina over foul odors in Denver
Everyone in the Elyria-Swansea neighborhood of Denver knows about the smells coming from the Nestle-Purina factory.
"I always think my dog was pooping in our room or pooping everywhere in the house and then we open the window and we smell it," Swansea Elementary School student Gabriel Ramirez said.
It's a pungent smell that sometimes comes and goes throughout the area, but is more present than not. Residents have resigned themselves to the odors and have learned to live with it.
"As much as I hate to admit it we just kind of had to accept it for what it was and there was nothing that can be done," said resident Rogan McKee.
"It is very close and sometimes smells very strong," said Saudys Rocha, another resident.
But now a new lawsuit is challenging that eventuality. It's a class action suit filed against Nestle-Purina alleging negligence that is causing the foul smells all over the neighborhood.
The suit alleges that Nestle Purina has the ability to manage their plant in a way that could limit or even eliminate odors but they choose not to. One plaintiff argues that the smells mean the community can't plan outside events.
Another plaintiff says the smell has caused them headaches and made them throw up.
A Nestle-Purina spokesperson told CBS News Colorado in a statement: "We've operated our York Street factory since 1930. Throughout this time we have remained committed to being the best neighbor we can be and that won't change. We cannot comment on the specifics of pending litigation."
In the meantime, residents continue to live with consistently foul odors. The type of smells that can even alter people's days.
"Living in Swansea you're going to smell it all the time," Danielle Ramirez, Gabriel's mother, explained. "It comes with where you live here."
When asked if she would trade the current situation for one without the smells, she thought about a better future.
"No bad vibes," she said. "Nobody angry all the time because of the smell."
If declared a nuisance by a judge, Nestle Purina would have to fix the issue (the plant in this case) or be liable for damages as long as the odors persisted. However it may end, residents say they hope it ends in something that smells a little less foul.
"It almost sounds utopian to talk about fixing this problem but if there's a way out I'm absolutely happy to consider it," McKee said with a chuckle.
