Boar’s Head class action claims company did not disclose listeria contamination

Boar’s Head class action lawsuit overview:

• Who: Plaintiff Robby Harper filed a class action lawsuit against Boar’s Head Provisions Co. Inc.
• Why: Harper claims Boar’s Head failed to disclose its products were potentially contaminated with listeria-causing bacteria, putting consumers at risk of illness or death.
• Where: The Boar’s Head class action lawsuit was filed in California federal court.

A new Boar’s Head class action lawsuit alleges the company sold products contaminated with Listeria monocytogenes but failed to disclose this material fact to consumers.

Listeria monocytogenes is a type of pathogenic bacteria that can survive freezing temperatures and other food preservation measures, the Boar’s Head lawsuit explains. This type of bacteria causes listeriosis, which is one of the most dangerous foodborne illnesses.

Plaintiff Robby Harper claims he purchased multiple Boar’s Head meat sandwiches, including at least one that contained beef salami containing listeria that allegedly caused him to become ill.

Harper alleges Boar’s Head failed to properly disclose the risk of listeria contamination associated with a variety of meat products purchased before July 31. The Boar’s Head recall included bacon, bologna, frankfurters, ham and sausage products, the complaint notes.

Listeriosis may cause sepsis, meningitis, encephalitis, gastroenteritis and other health issues. Harper claims the disease has a 95% hospitalization rate and 20% fatality rate, making it extremely dangerous.

Boar’s Head listeria recall was inadequate to protect consumers, plaintiff says

Boar’s Head recalled the meat products on July 25, offering a refund only to consumers who returned the recalled products to the store where they were purchased.

“This recall was deliberately designed to preclude the vast majority of consumers from receiving a refund,” Harper claims.

He says he did not retain the recalled product and therefore was not eligible for a refund.

Consumers trust food manufacturers to sell products that are safe to consume and that will not cause consumers to become sick, Harper claims. They do not have the ability to independently verify the safety of their food, so they trust companies to honestly report any risks potentially associated with their products, he says.

Harper alleges he paid a premium for the products because he believed Boar’s Head products were safe to consume. He says did not realize the product he purchased may have been contaminated with listeria.

Harper filed the Boar’s Head lawsuit on behalf of himself and a proposed class of consumers who purchased the recalled Boar’s Head products within 90 days of the recall.

The Boar’s Head class action lawsuit asserts claims for violations of California’s Unfair Competition Law, False Advertising Law, Consumers Legal Remedies Act and fraud by omission.

Boar’s Head is already facing at least one other class action lawsuit in the wake of the recall.

Do you think the Boar’s Head listeria recall was adequate? Tell us what you think in the comments.

Harper is represented by Michael F. Ram, Marie N. Appel and Shelby Serig of Morgan & Morgan Complex Litigation Group.

The Boar’s Head listeria class action lawsuit is Robby Harper v. Boar’s Head Provisions Co. Inc., et al., Case No. 1:24-at-00860, in the U.S. District Court for the Eastern District of California.

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• Recall issued for frozen waffle products due to potential listeria contamination
• Hannaford announces recall for fresh salads, pastas due to potential listeria contamination
• Recall announced for green onions due to potential salmonella risk