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Lyons Magnus class action overview:
- Who: Lyons Magnus is facing its first class action lawsuit from a consumer after recalling more than 100 nutritional and beverage products due to microbial contamination.
- Why: The plaintiff says the company deceived consumers by not telling them microbial contamination was a risk in the products.
- Where: The lawsuit was filed in a New York federal court
Lyons Magnus is facing its first class action lawsuit after recalling more than 100 nutritional and beverage products made under popular brands like Oatly and Stumptown due to potential microbial contamination.
Plaintiff Wayne Catalano filed the class action lawsuit against Lyons Magnus, LLC, Aug. 11 in a New York federal court, alleging violations of state and federal consumer laws.
According to Catalano, Lyons Magnus has misleadingly labeled and marketed its products by not disclosing to consumers on its packaging that consumption of the products may increase the risk of contracting invasive infections.
The news comes after Lyons Magnus issued a recall for 53 products on July 29 that it later expanded to over 100 products Aug. 10.
The products, made under popular brands like Organic Valley, Cafe Grumpy, Tone It Up, Uproot, Oatly, Stumptown and Pirq brands, could contain cronobacter sakazakii, the company said.
“The Products contain Cronobacter sakazakii, which could lead to serious and life-threatening adverse health consequences,” Catalano states.
“The risk of serious infection is particularly concerning for infants, the elderly, and immunocompromised individuals, who are highly susceptible to severe infection and even death from Cronobacter sakazakii ingestion.”
Contaminated Lyons Magnus products were worthless, plaintiff alleges
Catalano says the company lists both the active and inactive ingredients of the products on the labeling, however fails to disclose that the products are at the risk of containing Cronobacter sakazakii. As a result, the products are worthless, he alleges.
“As set forth below, nutritional and beverage products, such as defendant’s products, protein shakes, dairy alternatives, nutritional shakes, and other nutritional supplements, are in no way safe for humans and are entirely worthless.”
Catalano is looking to represent anyone who bought one of the affected products in the United States. The full list of affected products can be seen here. He’s also looking to represent a New York Subclass.
The plaintiff is suing under New York consumer laws, and for breach of warranty.
He’s seeking certification of the class action, an order requiring Lyons Magnus to establish a blood testing program for the Class, damages of up to $500 per transaction, fees, costs and a jury trial.
Did you buy one of the affected Lyons Magnus products? Let us know your experience in the comments!
Catalano is represented by Jason P. Sultzer, Joseph Lipari and Daniel Markowitz of The Sultzer Law Group, P.C. and Charles E. Schaffer and David C. Magagna Jr of Levin Sedran & Berman.
The Lyons Magnus Class Action Lawsuit is Wayne Catalano v. Lyons Magnus, LLC, Case No. 7:22-cv-06867 in the U.S. District Court for the Southern District of New York.
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119 thoughts onNutritional beverage product maker faces class action after massive recall
I drank the contaminated protein. I had been drinking it for years, but during this period of contamination, I had a UTI for six months and this stuff was the cause. As soon as I stopped drinking it, I never had another issue. I am irate. I am a leukemia survivor and this type of infection could be lethal to me. I had to return my supplies to COSTCO and WalMart. I still have a picture of some of the contaminated containers and months of doctors report for my UTI’s. How reckless this company has been! I will never buy another of their products ever.
Bought the cold coffee and I did not know what was messing up my stomach. Drank the cold coffees for a while and once I quit my life is better.
Absolutely have bought many of these and not knowing what was causing me to be sick. I thought it was a virus bug but it kept happening. I drank so many of these and should have done process of elimination but being as how they are touted as being “good for me” I drank on.
How can I join this lawsuit? I have receipts of 14 orders of pirq drinks I ordered and consumed. I had to get a prescription to heal my gut after this.
Please add me…
I’m in. My fiancé headache n diarrhea with no notable cause. We do purchase organic valley milk and have had Oatley. Not sure if the illness was food borne illness though. What were the dates of recall?