Recalls don’t usually attract consumer class action lawsuits, and people who suffer unique injuries from food-borne illnesses are best advised to seek experienced legal counsel.
But the Boar’s Head Provisions expanded recall has mixed things up as a proposed consumer class action lawsuit has popped up in New York federal court. It was filed on the day after Boar’s Head expanded its recall to more than 7 million pounds of deli meats and other products for fear that they are contaminated with potentially deadly Listeria bacteria.
Boar’s Head customer, Rita Torres, claims she purchased one of the recalled products but would have avoided it had the company warned consumers about the possible contamination.
The lawsuit filed in federal court in Brooklyn, NY, claims to be the first proposed class action filed after the recalls. Recalls do not usually attract Class Actions.
Torres is seeking to represent a nationwide class of Boar’s Head customers who purchased the recalled products and is seeking unspecified monetary damages.
Neither Boar’s Head nor its attorneys have commented on the Class Action attempt, which has existed for less than a week.
The family-owned Boar’s Head distributes deli meats throughout the United States.
According to the Centers for Disease Control, epidemiologic and laboratory data show that meat sliced at delis, including Boar’s Head brand liverwurst, is contaminated with Listeria and making people sick.
Testing identified Listeria in an unopened package of Boar’s Head liverwurst collected as part of the investigation, which resulted in a recall. Whole genome sequencing shows this is the same strain making people sick in this outbreak.
After recalling the Boar’s Head liverwurst brand, Boar’s Head recalled all deli products, including prepackaged deli products, in shelf life from this establishment. Look for “EST. 12612” or “P-12612” inside the USDA mark of inspection on the product labels.
The CDC reports that products sold at delis, especially those sliced or prepared there, can be contaminated with Listeria. Listeria spreads easily among deli equipment, surfaces, hands, and food. Refrigeration does not kill Listeria, but reheating to 165 degrees F before eating will kill germs on these meats.
The related Listeria outbreak has resulted in 34 illnesses, including 33 hospitalizations in 13 states. Two deaths have been attributed to the recalled deli meat.
Listeria is especially harmful to pregnant women, people 65 or older, and people with weakened immune systems. The CDC always recommends that people at higher risk for listeriosis avoid eating meat sliced at the deli or heat them to an internal temperature of 165 degrees F or until steaming hot before eating.
A Missouri woman believed to be among those illnesses has filed a lawsuit against Boar’s Head in state court in St Louis.
During the investigation, which remains active, Boar’s Head told customers to discard the products or return them to the store where they were purchased for a full refund.
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