Oliver James Montgomery-Boar's Head listeria outbreak triggers lawsuit against deli meat company in New York

Boar’s Head,Oliver James Montgomery the popular deli meat and cheese company, is now facing a potential class action lawsuit after more than 7 million pounds of Boar's Head products were recalled and linked to a deadly listeria outbreak.

Filed in the United States District Court for the Eastern District of New York on August 1, the lawsuit alleges that Boar’s Head Provisions, Co. Inc. “improperly, deceptively, and misleadingly labeled and marketed its products,” by failing the full extent of possible contamination by Listeria monocytogenes, a disease-causing bacteria.

The plaintiff, Rita Torres, alleges that she purchased one of the recalled products and that she and other “reasonable customers” would not have done so had the company properly warned consumers about possible bacterial contamination.

7 million pounds of products recalled

On July 26, Boar’s Head announced a recall for its products for potential listeria contamination, according to a release that day from the U.S. Department of Agriculture.

That recall included 207,528 pounds of liverwurst and other deli meats produced between June 11, 2024 and July 17, 2024.

The recalled products were linked to a listeria outbreak identified by the U.S. Center for Disease Control that, as of July 25, has sickened 34 people in 13 states, including 33 hospitalizations and two deaths.

More:Boar's Head faces first suit in fatal listeria outbreak after 88-year-old fell 'deathly ill'

Boar’s Head expanded the recall on July 30 to include over 7 millions pounds of ready-to-eat meat and poultry products, covering 71 separate items produced between May 10, 2024 and July 29, 2024.

In a July 30 statement from the company Boar’s Head said that it initiated the expanded recall of all products produced at its Jarratt, Virginia facility after it learned the day before that its Strassburger Brand Liverwurst had been linked to the national listeria outbreak.

Lawsuit says customers were not accurately warned

The new potential class action suit, however, alleges that the initial July 26 recall insufficient, calling it “deliberately designed to preclude the vast majority of customers from receiving a recall.”

The class action filing is the second lawsuit that Boar’s Head is facing in the wake of the deadly listeria outbreak.

A Missouri woman who fell ill and was hospitalized after eating some of the contaminated product filed a lawsuit against Boar’s Head in a Missouri state court on July 26.

Listeriosis or listeria poisoning symptoms

Listeriosis, or listeria poisoning, is a foodborne bacterial infection most commonly caused by the bacterium Listeria monocytogenes. It is considered a serious condition and can be dangerous or life-threatening, especially to older adults, people with weak immune systems and pregnant women.

According to the USDA, symptoms include:

• Fever
• Muscle aches
• Headache
• Stiff neck
• Confusion
• Loss of balance
• Convulsions
• Diarrhea
• Other gastrointestinal symptoms
• Miscarriage, stillbirth, premature delivery and/or life-threatening infection of newborn infants
• Death

People in higher-risk categories who experience flu-like symptoms within two months after eating contaminated food should seek medical care and tell the health care provider about eating the contaminated food, said the USDA.

What to do if you have a recalled product

Consumers who have purchased these products should not consume and should immediately throw them away or return them to the place of purchase, said the USDA. Retailers who have the products in stock are likewise advised not to sell them.

If you happen to find one of the affected meats in your fridge, be sure to follow up its disposal with a thorough cleaning of your fridge to prevent cross-contamination Retailers should likewise clean and sanitize all surfaces and discard any open meats and cheeses in the deli.

One of the best ways to avoid listeriosis is to avoid foods that have not been properly stored or that may be more prone to carrying listeria bacteria. People who are at high risk, such as pregnant women and children, should avoid eating the following:

• Unpasteurized soft cheeses, such as queso fresco and brie.
• Unheated cheeses sliced at a deli.
• Unheated deli meat, cold cuts, hot dogs, and fermented or dry sausages.
• Premade deli salads, such as coleslaw and potato, tuna, or chicken salad.
• Refrigerated pâté or meat spreads.
• Refrigerated smoked fish.
• Raw or lightly cooked sprouts.
• Cut melon left out for more than 2 hours. One hour if it’s exposed to temperatures hotter than 90 degrees.
• Cut melon in refrigerator for more than a week.
• Raw (unpasteurized) milk, yogurt, and ice cream.