A Queens woman has filed the first class-action lawsuit against Boar’s Head Provisions following the company’s massive recall of 7 million pounds of processed meat in connection with a deadly Listeria outbreak.
In a lawsuit filed in Brooklyn, Boar’s Head customer Rita Torres claims she bought one of the recalled products but would have avoided it if the company had warned consumers about the possibility of contamination.
According to court records, the suit appears to be the first class action lawsuit filed in response to the recall.
Jason Salzer, one of Torres’ lawyers, said the class action lawsuit doesn’t involve personal injuries and focuses on “economic damages.”
“Other separate lawsuits regarding personal injury claims will also be filed,” Salzer told The Post in a statement.
According to the lawsuit, Torres bought the Boar’s Head ham at a ShopRite in Queens, but she says she would not have bought it if the Florida-based company had warned customers about the possibility of Listeria contamination.
The lawsuit accuses Boar’s Head of engaging in “false, misleading and deceptive” marketing about the potentially tainted products prior to the recall.
Boar’s Head did not immediately respond to a request for comment.
July 26, Boar’s Head Flagged over £200,000 Liverwurst and other deli products have been recalled due to concerns about Listeria contamination.
Food poisoning can be especially serious for pregnant women, people with weakened immune systems, and the elderly.
The company significantly expanded the recall on Tuesday to include more than 70 products made at its Virginia plant between May and July, according to the USDA.
Boar’s Head has instructed customers to throw away the recalled products or return them to stores with their receipts for a full refund.
As of Tuesday, 34 people in 13 states had been infected, 33 had been hospitalized and two had died, according to the Agriculture Department.
Boar’s Head is facing a lawsuit brought by an elderly Missouri couple seeking more than $25,000 in damages for injuries, medical expenses, damages to quality of life and “marital relationship,” according to a complaint filed in St. Louis Circuit Court.
Delicatessen is also facing reputational damage from a major recall, from which the National Supermarkets Association has sought to distance itself.
Following the recall, the association recommended that hundreds of supermarkets around New York City remove their “Boar’s Head” signs until further notice, according to a copy of the memo obtained by The Washington Post.
