Anne Bucher  |  November 17, 2022

Category: Food
Close up of Glucerna shakes packaging at a supermarket.
(Photo Credit: Oatly, Glucerna/Shutterstock)

Lyons Magnus class action lawsuit overview:

  • Who: Plaintiff Edmond Dixon sued Lyons Magnus LLC and Tru Aseptics LLC.
  • Why: Dixon alleges the defendants failed to ensure the quality of beverages they recalled due to bacteria contamination.
  • Where: The class action lawsuit was filed in South Carolina federal court.

Lyons Magnus failed to ensure the quality of its products, which were recalled over bacteria contamination concerns, a class action lawsuit alleges.

Plaintiff Edmond Dixon filed the class action lawsuit Nov. 14 against Lyons Magnus LLC and Tru Aseptics LLC after they recalled some of their beverages, liquid coffee, nutritional shakes and other supplements due to cronobacter sakazakii bacteria contamination.

Products may not have been adequately tested for bacteria contamination, class action alleges

The defendants knew or should have known that their beverages and supplements had a risk of containing harmful bacteria and were not adequately tested for their presence, according to the class action lawsuit.

The recall reportedly affected the following brands:

  • Glucerna
  • Stumptown
  • Intelligentsia
  • Aloha
  • Kate Farms
  • Premier Protein

Dixon says he regularly consumes the defendants’ products. He alleges he was diagnosed with a stomach infection after consuming the products this summer.

Products did not disclose risk of bacteria contamination, class action says

The class action lawsuit alleges the defendants state their products “support health” and are “nutritional.” Dixon notes that the product labels emphasize quality and safe ingredients that can be safely consumed by physically vulnerable individuals.

The cronobacter sakazakii bacteria can be fatal for the elderly, very young and immunocompromised, Dixon says. Despite the known risks of this type of bacteria, the defendants “recklessly and/or knowingly” sold the products without disclosing the possible contamination, the class action lawsuit alleges.

It also asserts claims for breach of warranty, fraudulent misrepresentation, fraud by omission, unjust enrichment and violations of South Carolina consumer protection laws.

In August, Lyons Magnus was hit with the first class action lawsuit following the recall of more than 100 nutritional and beverage products.

Do you drink Lyons Magnus beverages? Tell us what you think about the class action lawsuit in the comments!

Dixon is represented by Blake G. Abbott and Paul J. Doolittle of Poulin Willey Anastopoulo.

The Lyons  Magnus bacterial contamination class action lawsuit is Edmond Dixon v. Lyons Magnus LLC, et al., Case No. 2:22-cv-04039-BHH, in the U.S. District Court for the District of South Carolina, Charleston Division.


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12 thoughts onLyons Magnus faces class action over bacteria contamination

  1. Alethia Williams says:

    I has gastric sleeve surgery in late 2021 and was told that premier protein was a great and nutritional brand for me to use use pre and post surgery. From December 2021 – January 2022 I was hospitalized due to a severe stomach infection that nearly killed me. They had to do an additional surgery and insert tubes in my stomach to drain the infected blood. I plan on starting my own law suit or would like to join this one.

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