Recalls do not typically result in consumer class action lawsuits, and people who suffer unique injuries from foodborne illnesses should seek experienced legal advice.
But the extensive Boar’s Head Provisions recall has mixed things up as a proposed consumer class action lawsuit has surfaced in New York federal court. It was filed the day after Boar’s Head expanded its recall to more than 7 million pounds of deli meats and other products over fears they were contaminated with potentially deadly Listeria bacteria.
Boar’s Head customer Rita Torres claims she purchased one of the recalled products but would have avoided doing so if the company had warned consumers about the potential contamination.
The lawsuit filed in federal court in Brooklyn, NY, claims to be the first proposed class action filed following the recalls. Recalls generally do not lead to collective action.
Torres is seeking to represent a nationwide group of Boar’s Head customers who purchased the recalled products and is seeking unspecified monetary damages.
Neither Boar’s Head nor its lawyers have commented on the attempted class action, which has been in existence for less than a week.
The family-owned company Boar’s Head distributes meat products throughout the United States.
According to the Centers for Disease Control, epidemiological and laboratory data show that meat cut in delis, including Boar’s Head brand liverwurst, is contaminated with Listeria and makes people sick.
Testing identified Listeria in an unopened package of Boar’s Head liverwurst collected as part of the investigation, resulting in a recall. Whole genome sequencing shows this is the same strain making people sick in this outbreak.
Following the recall of the liverwurst brand Boar’s Head, Boar’s Head has recalled all deli products from this establishment, including pre-packaged deli products, which were still shelf-stable. Search for ‘EST. 12612” or “P-12612” within the USDA inspection mark on product labels.
The CDC reports that products sold at delis, especially those cut or prepared there, may be contaminated with Listeria. Listeria spreads easily under deli equipment, surfaces, hands and food. Refrigeration does not kill Listeria, but reheating to 165 degrees F before eating will kill the germs on this meat.
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 aged 65 or older, and people with weakened immune systems. The CDC always recommends that people at higher risk for listeriosis avoid eating deli-cut meat, or heat it to an internal temperature of 165 degrees F or until steaming hot before eating.
A Missouri woman suspected of having one of these diseases has filed a lawsuit against Boar’s Head in state court in St. Louis.
During the investigation, which is still active, Boar’s Head told customers to throw away the products or return them to the store where they were purchased for a full refund.
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