Consumers hit waffle maker with class action following recall

Waffle class action lawsuit overview:

• Who: Plaintiff Damany Browne filed a class action lawsuit against Treehouse Foods Inc.
• Why: Treehouse allegedly failed to disclose thgat its waffle products were potentially contaminated with Listeria monocytogenes.
• Where: The class action lawsuit was filed in New York federal court.

Treehouse Foods Inc. is facing a class action lawsuit following a massive waffle recall of some of its products due to potential Listeria monocytogenes contamination.

The waffle class action lawsuit says Listeria monocytogenes can cause significant and potentially life-threatening adverse health consequences, particularly in pregnant women, infants, the elderly and immunocompromised individuals.

Plaintiff Damany Browne says he purchased and consumed Treehouse waffles that were possibly contaminated with Listeria monocytogenes. He says he paid a price premium for the waffles because of Treehouse’s allegedly false, misleading and deceptive misrepresentations about the safety of the product.

Treehouse’s failure to disclose its products were contaminated leads reasonable consumers to believe they are purchasing a product that is safe to consume, Browne alleges.

Waffle recall is inadequate, plaintiff says

Treehouse reportedly issued an initial waffle recall on Oct. 18 and expanded the recall on Oct. 22. The listeria contamination was reportedly discovered through routine testing at its manufacturing facility.

A list of the recalled waffles is available here.

The company urges consumers with the recalled products to “dispose of them or return the recalled product to the place of purchase for credit.”

Browne claims the Treehouse recall is insufficient and designed to minimize the number of consumers who receive a refund. Most consumers with the contaminated products would immediately throw them away, he says. Further, he says consumers frequently shop at different stores and do not always retain their receipts, which would allegedly prevent them from receiving a refund.

Browne seeks to represent himself and a proposed class of consumers who purchased the recalled waffles.

The waffle lawsuit asserts claims for negligence and violations of New York Business Law.

Have you purchased any of the recalled Treehouse products? Tell us what you think about this waffle class action lawsuit in the comments.

Browne is represented by Jason P. Sultzer and Daniel Markowitz of Sultzer & Lipari PLLC, Jeffrey K. Brown of Leeds Brown Law PC, Michael R. Reese and Carlos F. Ramirez of Reese LLP, and Russell M. Busch, Nick SuciuIII and Trenton R. Kashima of Milberg Coleman Bryson Phillips Grossman PLLC.

The waffle class action lawsuit is Damany Browne v. Treehouse Foods Inc., Case No. 1:24-cv-07578, in the U.S. District Court for the Eastern District of New York.

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