Boar’s Head class action alleges contaminated products responsible for listeria outbreak

Boar’s Head listeria class action lawsuit overview: 

• Who: Plaintiff Rita J. Torres filed a class action lawsuit against Boar’s Head Provisions Co. Inc.
• Why: Torres claims Boar’s Head failed to disclose that certain of its meat products — which were recalled last month — were contaminated with Listeria monocytogenes. 
• Where: The Boar’s Head class action lawsuit was filed in New York federal court. 

Boar’s Head failed to disclose to consumers that some of its products were contaminated with Listeria monocytogenes, amid a widespread meat and poultry recall, a new class action lawsuit alleges. 

Plaintiff Rita J. Torres’ class action lawsuit claims Boar’s Head improperly, deceptively and misleadingly labeled and marketed the products to “reasonable” consumers by omitting and not disclosing they were contaminated with listeria. 

“Defendant is using a marketing and advertising campaign that omits from the packaging that the Products contain Listeria monocytogenes,” the Boar’s Head class action says. 

Torres wants to represent a nationwide class and New York subclass of consumers who bought any of the Boar’s Head products recalled last month and named in the complaint. 

Consumers could not have known Boar’s Head meat products contained listeria, class action claims 

Torres argues knowledge of the presence of listeria in the Boar’s Head products was “solely within the possession” of Boar’s Head, and that consumers could have only known about the contamination by having the product’s tested in a lab. 

“This omission leads a reasonable consumer to believe they are not purchasing a product with a known bacterium when in fact they are purchasing a product contaminated with Listeria monocytogenes,” the Boar’s Head class action claims. 

Boar’s Head products included in the July 25 recall include certain ham, bologna, bacon, sausage, frankfurters and Old Country-brand products received before July 31, 2024, according to the Boar’s Head class action. 

Torres claims Boar’s Head is guilty of violating New York General Business Law. She demands a jury trial and requests declaratory relief and an award of monetary, statutory, treble and punitive damages for herself and all class members. 

The Boar’s Head recall involved approximately 207,528 pounds of liverwurst and other deli meat products in total and was initiated amid an ongoing listeria outbreak connected to two deaths and more than 30 hospitalizations. 

Did you purchase a Boar’s Head product included in its July recall? Let us know in the comments.

The plaintiff is represented by  Jason P. Sultzer, Philip J. Furia and Daniel Markowitz of Sultzer & Lipari PLLC, Michael R. Reese and Carlos F. Ramirez of Reese LLP, Nick Suciu III of Milberg Coleman Bryson Phillips Grossman PLLC, Charles E. Schaffer of Levin Sedran & Berman LLP and Jeffrey K. Brown of Leeds Brown Law PC.

The Boar’s Head listeria class action lawsuit is Torres, et al. v. Boar’s Head Provisions Co. Inc., Case No. 1:24-cv-05405, in the U.S. District Court for the Eastern District of New York.

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