NEW YORK — A proposed consumer class action lawsuit was filed against Boar’s Head Provisions Co. Inc. on Aug. 1, following the company’s widespread recall of deli meats and other products due to Listeria monocytogenes contamination.
New York resident Rita J. Torres filed a complaint against Boar’s Head with the US Eastern District Court of New York individually and on behalf of other similarly situated persons. Torres alleged the manufacturer engaged in misleading labeling and marketing by not disclosing to consumers on the packaging that the products were contaminated with Listeria. She added that had Boar’s Head presented information of a Listeria contamination on the packaging, she and other consumers would not have been willing to pay as much.
Torres noted that she checked the packaging before purchasing Boar’s Head Ham at a Shop Rite store in Queens County, NY, at an approximate retail price of $11.54. She claims to have been “injured in fact and lost money as a result of Defendant’s improper conduct.”
The suit seeks monetary relief of an unspecified amount for consumers nationwide who likewise purchased one or more of Boar’s Head’s recalled products.
The recall was first announced July 26, involving over 200,000 lbs of liverwurst product as well as other deli meat products produced at the Boar’s Head Jarratt, Va., establishment. Less than a week later, the company extended the recall to include 71 additional ready-to-eat meat and poultry products, totaling approximately 7 million lbs.
“Out of an abundance of caution, we decided to immediately and voluntarily expand our recall to include all items produced at the Jarratt facility,” Boar’s Head said in a statement on its website. “We have also decided to pause ready-to-eat operations at this facility until further notice. As a company that prioritizes safety and quality, we believe it is the right thing to do.”
Consumers were advised to discard any recalled products or return them to the store where they were purchased for a full refund.
The Centers for Disease Control and Prevention (CDC) posted an update on July 31 in its ongoing investigation of a Listeria outbreak, saying epidemiologic and laboratory data now show that meats sliced at deli counters, including Boar’s Head brand liverwurst, were contaminated with Listeria and making people sick.
The outbreak has infected a total of 34 people across 13 states as of July 26. Of 33 people with information available, all have been hospitalized. Two deaths have been reported, one in Illinois and one in New Jersey. CDC noted that a pregnant woman who became infected has remained pregnant after recovering.
In addition to the class action suit against Boar’s Head, a couple from Missouri filed a lawsuit on July 26 after the wife, Sue Fleming, “fell deathly ill” from consuming Boar’s Head liverwurst contaminated with Listeria, according to the complaint. The couple seeks to hold Boar’s Head responsible for her illness and prevent future contamination events from happening to others. They requested $25,000 for punitive damages, medical expenses, pain and suffering, and any other relief the court sees fit.