Boar's Head Faces Class Action Over Listeria-Tainted Products

Case Overview: A class action lawsuit has been filed against Boar’s Head, alleging the company failed to disclose listeria contamination in its products, leading to illness and deaths.

Consumers Affected: Consumers nationwide who purchased Boar’s Head products potentially contaminated with listeria.

Court: U.S. District Court for the Eastern District of New York

Boar’s Head is facing a proposed class action lawsuit alleging the company deceived customers by failing to disclose that its products were contaminated with listeria amidst an outbreak that is linked to 34 illnesses and two deaths across 13 states. New York, where the lawsuit was filed, has had more than two dozen cases.

Because of the outbreak, Boar’s Head has had to recall 71 products, Bloomberg Law reports.

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Boar's Head accused of hiding listeria contamination in its products

Queens resident Rita J. Torres filed the proposed class action lawsuit against Boar’s Head Provisions Co. Inc. accusing the company of misleadingly labeling and marketing its products without informing consumers about the potential contamination.

She says she spent $11.54 on ham from a Shop Rite in Queens, and would not have made the purchase had she known about the contamination risk. She argues that Boar’s Head failed to advertise or disclose on its packaging that its Virginia ham, beef salami, and other products were contaminated with listeria monocytogenes, a bacteria that can lead to serious and life-threatening health issues, particularly for high-risk groups such as pregnant women, infants, and the elderly.

Major recall announced after listeria outbreak linked to Boar's Head products

The US Department of Agriculture announced on July 26 that Boar’s Head was recalling its liverwurst product due to possible Listeria contamination, following a USDA Food Safety and Inspection Service announcement. 

Several ready-to-eat deli meat products produced on June 27 were also listed, including Virginia ham, bologna, and salami. On July 30, Boar’s Head expanded the recall to include about 7 million additional pounds of meat and poultry. This decision followed whole genome sequencing results that linked a liverwurst sample to the Listeria outbreak strain. In total, the recall includes 71 products.

Lawsuit claims company put profits over public health

The Listeria outbreak has been linked to 34 illnesses and two deaths across 13 states, including New York and New Jersey. New York has seen at least a dozen cases, with four in New York City and three on Long Island. New Jersey reported two cases, including one death.

The lawsuit claims Boar’s Head “deliberately designed to preclude the vast majority of consumers from receiving a recall.” It alleges the company’s efforts were insufficient and did not reach enough consumers who purchased the contaminated products, which have gone on to become a significant public health concern, especially for high-risk groups.

Torres further argues that Boar’s Head had a profit motive in limiting news of the outbreak. The complaint alleges that Boar’s Head products at risk of containing listeria “have no value” or, at the very least, were sold at higher prices than they would have been had the contamination been disclosed. 

Listeria outbreak raises concerns for consumers nationwide

Listeria is a bacteria found in plants and soil, capable of withstanding extreme temperatures. It can cause listeriosis, a serious infection that primarily affects pregnant women, older adults, and individuals with weakened immune systems. Symptoms include fever, muscle aches, headache, stiff neck, confusion, loss of balance, and convulsions, sometimes preceded by diarrhea or other gastrointestinal symptoms.

Consumers who purchased the recalled products are urged not to consume them and to clean their refrigerators thoroughly to prevent cross-contamination. Retailers are advised not to sell these products and to sanitize all food and non-food surfaces.

Speak to an Attorney handling Boar's Head Listeria Lawsuits Today!

Food companies face increasing scrutiny over contamination issues

This is not the first instance of Listeria-related lawsuits. In August 2023, Real Kosher Ice Cream recalled certain products due to potential Listeria contamination, leading to a class action lawsuit. Additionally, Twin City Foods, Inc. recalled frozen vegetables in August 2023 for the same reason. 

Listeria contamination has also been linked to a recent outbreak at a Frugals restaurant in Tacoma, Washington, resulting in six hospitalizations and three deaths.

Also last year, Blue Bell Creameries faced legal action due to a listeria outbreak traced back to its contaminated ice cream. The former CEO agreed to plead guilty to causing adulterated ice cream products to be distributed and paid a $100,000 fine.

Torres seeks certification for a nationwide class of consumers who purchased the products during the class period, as well as a subclass of consumers in New York.

In the Boar's Head listeria recall class action lawsuit, Torres is alleging violations of state business laws and seeks damages, attorneys’ fees, and costs. 

Case Details

• Lawsuit: Torres v. Boar’s Head Provisions Co. Inc.
• Case Number: 24-05405
• Court: U.S. District Court for the Eastern District of New York

Plaintiffs' Attorneys

• Sultzer & Lipari PLLC 
• Adams Reese LLP 

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Speak to an Attorney handling Boar's Head Listeria Lawsuits Today!