By Top Class Actions  |  November 8, 2024

Category: Food
Close up of eggs, representing the Milo's eggs class action.
(Photo Credit: Zeedign.com/Shutterstock)

Milo’s eggs class action lawsuit overview: 

  • Who: Joel Abdullah filed a class action lawsuit against Milo’s Poultry Farms LLC. 
  • Why: Abdullah claims Milo’s sold egg products contaminated with Salmonella to consumers who were not made aware of the potential risk. 
  • Where: The class action lawsuit was filed in Wisconsin federal court. 

Milo’s Poultry Farms sold egg products that were contaminated with salmonella to consumers who were unaware of the risk, a new class action lawsuit alleges. 

Plaintiff Joel Abdullah’s class action lawsuit claims Milo’s failed to disclose that its egg products could pose a risk of salmonella contamination, prior to a September recall. 

“Nowhere on the Products’ packaging or website did Defendant disclose that the Products could present a risk of Salmonella contamination,” the Milo’s eggs class action says. 

The egg recall included all types of Milo’s Poultry Farms-branded eggs, all carton sizes of its Tony’s Fresh Market-branded eggs and all cases of eggs for retail service distribution, according to the class action. 

Abdullah wants to represent a nationwide class and South Carolina and Wisconsin subclasses of all persons who purchased the recalled Milo’s Poultry Farms eggs, Tony’s Fresh Market eggs and/or eggs for retail foodservice distribution. 

Class action claims Milo’s egg products falsely represented as safe to consume

Abdullah argues Milo’s represented that its egg products were safe for people to eat, when, in reality, they were “unfit for their intended consumption,” on account of being contaminated with salmonella. 

“Plaintiff and consumers do not know, and did not have a reason to know, that the Products purchased were contaminated with Salmonella,” the Milo’s eggs class action says. 

Abdullah claims Milo’s is guilty of unjust enrichment, breach of express and implied warranty, breach of implied warranty of merchantability, fraudulent concealment and negligent failure to warn, among other things. 

The plaintiff demands a jury trial and requests declaratory and injunctive relief and an award of compensatory, statutory and punitive damages for himself and all class members. 

The U.S. Centers for Disease Control said in September that Milo’s egg recall was responsible for a salmonella outbreak that at that time was linked to 65 illnesses with 24 hospitalizations across nine states. 

Were you affected by Milo’s egg recall? Let us know in the comments.

The plaintiff is represented by Daniel P. Bach of Lawton Cates, S.C and Paul J. Doolittle of Poulin Willey Anastopoulo, LLC. 

The Milo’s eggs class action lawsuit is Abdullah, et al. v. Milo’s Poultry Farms, LLC, Case No. 1:24-cv-01400, in the U.S. District Court for the Eastern District of Wisconsin.


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