The recent recall of Boar’s Head Provisions products has led to a proposed consumer class action lawsuit in New York federal court. This development is unusual because recalls typically do not result in such lawsuits.
The lawsuit follows Boar’s Head’s expanded recall of over 7 million pounds of deli meats and other products due to potential contamination with Listeria bacteria, a serious food-borne pathogen.
The plaintiff, Rita Torres, claims she bought one of the recalled products and would have avoided it if Boar’s Head had provided a contamination warning.
Rita Torres aims to represent a nationwide class of consumers who purchased the recalled products, seeking unspecified monetary damages. This lawsuit is notable for being the first proposed class action linked to this recall.
Boar’s Head and its legal team have yet to comment on the lawsuit, which has been in existence for less than a week. The recall has garnered significant attention due to its scale and the involvement of a prominent brand known for its nationwide distribution of deli meats.
The Centers for Disease Control (CDC) provided crucial epidemiologic and laboratory data revealing that meat sliced at delis, including Boar’s Head liverwurst, was contaminated with Listeria. An unopened package of Boar’s Head liverwurst tested positive for Listeria, which matched the strain causing illnesses in the outbreak.
This finding prompted Boar’s Head to recall all its deli products, including prepackaged ones, with specific establishment marks on the labels to identify the recalled items.
The Listeria outbreak linked to the recalled deli meats has resulted in 34 illnesses and 33 hospitalizations across 13 states, with two deaths reported. Listeria is particularly dangerous for pregnant women, elderly individuals, and those with weakened immune systems.
The CDC advises these groups to avoid deli-sliced meats unless reheated to an internal temperature of 165 degrees F to kill the bacteria. This guidance is part of broader recommendations to prevent listeriosis, which can have severe health consequences.
Amidst the ongoing investigation, Boar’s Head has instructed customers to either discard the recalled products or return them for a full refund. The company’s proactive steps include recalling all potentially affected products and communicating these actions to consumers.
Another lawsuit related to the outbreak has been filed in Missouri, indicating that the impact of the recall and associated illnesses is prompting further legal action beyond the proposed class action in New York.
