Consumers file class action over carrots contaminated with E. coli

Carrots class action overview: 

• Who: A New York man has filed a class action lawsuit against Grimmway Farms.
• Why: The plaintiff alleges the company deceptively marketed and sold organic carrots contaminated with dangerous strains of E. coli.
• Where: The carrots E. coli class action was filed in a New York federal court.

A New York man has filed a class action lawsuit against Grimmway Farms alleging the company deceptively marketed and sold organic carrots contaminated with dangerous strains of E. coli. 

Plaintiff Wayne Catalano filed the carrots class action complaint against Grimmway Enterprises Inc. on Nov. 19 in a New York federal court, alleging violations of state and federal consumer laws. 

The lawsuit comes as Grimmway Farms recalls carrots across the United States, Canada and Puerto Rico as U.S. food safety watchdogs investigate a fatal outbreak of E. coli infections.

According to the U.S. Food & Drug Administration (FDA), Grimmway Farms recalled the carrots amid an investigation into illnesses in a multistate outbreak of Shiga toxin-producing E. coli O121:H19 infections linked to the company’s organic whole and baby carrots. 

As of Nov. 17, the FDA said it recorded 39 total illnesses, 15 hospitalizations and one death related to the outbreak. 

The recalled carrots, sold under brands such as Trader Joe’s, Wegmans, and Whole Foods, were available at retail stores across the U.S. from Aug. 14 to Oct. 23, 2024, the lawsuit says. Baby carrots with specific “best-if-used-by” dates through Nov. 7, 2024, were also included. The lawsuit claims Grimmway failed to disclose the contamination on its packaging or in its advertising, leaving consumers unaware of the potential health risks.

According to the Centers for Disease Control and Prevention, E. coli can cause severe gastrointestinal illness, with young children, older adults, and those with weakened immune systems at the highest risk of serious infection. Catalano alleges that Grimmway’s omission of this critical information misled consumers into purchasing a product that “had no value” due to its safety risks.

Failed recall endangers consumers, lawsuit alleges

The lawsuit criticizes Grimmway’s recall efforts, asserting that the recall failed to protect consumers adequately and that a class action lawsuit is necessary to hold the company accountable.

“Reasonable consumers expect produce products they purchase to be free from harmful bacteria, especially those known to cause severe disease,” the carrots class action lawsuit says.

As a result, Catalano is looking to represent anyone in the United States who bought the recalled carrots. He’s suing for violations of New York’s consumer protection laws, breach of warranty, and other claims, and is seeking certification of the class action, damages, fees, costs and a jury trial.

What do you think of the allegations in this carrots class action? Let us know in the comments.

The plaintiff in the carrots E. coli lawsuit is represented by Michael R. Reese of Reese LLP, Jason P. Sultzer and Daniel Markowitz of Sultzer & Lipari PLLC, Nick Suciu III, Russell M. Busch and Trenton R. Kashima of Milberg Coleman Bryson Phillips Grossman PLLC.

The Carrots E. coli class action lawsuit is Wayne Catalano v. Grimmway Enterprises Inc., Case No. 7:24-cv-08817  in the U.S. District Court for the Southern District of New York.

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