Treehouse Foods Lawsuit: Listeria in Recalled Frozen Waffles and Pancakes

Case Overview: A class action lawsuit claims Treehouse Foods sold listeria-contaminated breakfast items, including waffles and pancakes, and failed to warn consumers.  

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

Treehouse Foods sold frozen waffles, pancakes, and other breakfast items contaminated with listeria—a potentially deadly bacteria—and failed to warn consumers in time, a new lawsuit claims. 

The products, manufactured at the company’s Brantford, Ontario facility and sold under a wide range of store-brand names like 365 Organic, Kroger, Kodiak Cakes, Schnucks, and Best Choice, were recalled last October. But according to the complaint, the damage was already done.

The lawsuit, filed in New York, accuses Treehouse of misleading marketing and false advertising, alleging the company promoted the breakfast goods as safe and wholesome when they were, in fact, “unfit for human consumption.”

Treehouse Foods Accused of Selling Listeria-Contaminated Breakfast

Jeannie Patora, a Dutchess County resident, filed the proposed class action lawsuit after she says she purchased the frozen breakfast items at several local stores, relying on the packaging to indicate they were healthy and safe. 

She later learned the products she bought were included in Treehouse’s recall—issued on October 18 and expanded on October 22, 2024—due to possible contamination with Listeria monocytogenes.

Had she known about the risk, Patora claims, she would have either skipped the purchase or paid significantly less. Instead, she says, the food she bought was effectively worthless. The lawsuit argues Treehouse’s failure to disclose the contamination risk caused financial harm, as consumers paid a “price premium” for products falsely advertised as safe.

Lawsuit Claims Treehouse Misled Consumers About Food Safety

Listeria monocytogenes is a particularly dangerous foodborne pathogen because it can grow even in cold environments, like refrigerators and freezers. It causes listeriosis, an infection that can lead to fever, fatigue, muscle aches, confusion, and seizures. In severe cases, the bacteria can enter the bloodstream or brain, resulting in meningitis or death.

Listeriosis is especially harmful to pregnant people, newborns, seniors, and anyone with weakened immune systems. Pregnant individuals infected with listeria face risks of miscarriage, stillbirth, or preterm labor.

The lawsuit argues Treehouse, as the manufacturer, had superior knowledge of its ingredients, supply chain, and manufacturing process, and a duty to test for contamination before putting products on store shelves. Failing to do so, the complaint says, was both deceptive and dangerous.

Food Safety Lawsuits Target Multiple Companies

Treehouse Foods is one of several food companies recently hit with lawsuits over contamination and misleading marketing. BrucePac Packing Company is facing a class action case after recalling more than 11 million pounds of ready-to-eat meats over listeria concerns in late 2024. Milo’s Poultry Farms is being sued for allegedly selling salmonella-contaminated eggs, while Grimmway Farms is facing backlash over E. coli-tainted organic carrots.

Other cases have involved non-biological contaminants. A lawsuit filed against the Girl Scouts claims some of their cookies contain harmful levels of pesticides and heavy metals. Another accuses Celtic Sea Salt of selling products with unsafe levels of lead and arsenic while claiming health benefits.

In her lawsuit, Patora wants to represent anyone in the US who purchased the recalled products. She is suing for negligence, negligent misrepresentation, breach of express and implied warranties, violation of New York General Business Law, and unjust enrichment, and is seeking damages, fees, costs, and interest.

Case Details

• Lawsuit: Patora v. Treehouse Foods, Inc.
• Case Number: 7:25-cv-02588
• Court: U.S. District Court for the Southern District of New York 

Plaintiffs' Attorneys

• Jason P. Sultzer (Sultzer & Lipari, PLLC)

Did you purchase any of the recalled Treehouse Foods breakfast items? Share your experience in the comments below.