Milberg Files Boar’s Head Deli Meat Class Action Following Recall
by Brian Eckert
Boar’s Head Provisions Co. has recalled millions of pounds of deli meat in connection with a deadly food poisoning outbreak. And now, the company faces a Milberg class action lawsuit for allegedly not disclosing to consumers that its products could be tainted by the Listeria monocytogenes bacteria.
Consumers who purchased recalled Boar’s Head deli meat are being advised to throw it away or return it to the store for a full refund. They may also be able to join the lawsuit as a class member.
The Recall
On July 26, the USDA’s Food Safety and Inspection Service announced a recall of Boar’s Head liverwurst and other deli meats due to potential listeria contamination after a positive test of a sample collected by the Maryland Department of Health. The initial recall covered more than 200,000 pounds of products made between June 11, 2024, and July 17, 2024.
On July 30, Boar’s Head expanded the recall to an additional 7 million pounds of ready-to-eat meat and poultry. The expanded recall covers 71 products made at the Boar’s Head Jarratt, Virginia facility between May 10, 2024, and July 29, 2024 and sold nationwide.
A full list of the recalled products can be found on the Boar’s Head website. Ham, salami, bologna, head cheese, pate, olive loaf, bacon, and frankfurters are among the deli meats that could contain listeria
Consuming food adulterated with listeria can cause listeriosis, a serious infection. The CDC states that listeria is the third leading cause of death from foodborne illness in the U.S. An estimated 1,600 people get sick from listeria each year and approximately 260 die.
The Boar’s Head listeria outbreak is linked to two deaths and nearly three dozen hospitalizations in 13 states as of August 2, 2024.
The Boar’s Head Deli Meat Class Action
Lead plaintiff Rita J. Torres alleges that Boar’s Head failed to inform consumers about possible listeria contamination in its deli products and accuses the company of deceptive and misleading business practices.
“Defendant has improperly, deceptively and misleadingly labeled and marketed its products to reasonable consumers, like plaintiff, by omitting and not disclosing to consumers on its packaging that the products are contaminated with Listeria monocytogenes.”
According to Torres, who bought Boar’s Head ham in Queens County, New York, the recall is inadequate because it appears designed to limit consumer recourse. To obtain refunds, consumers are required to keep the contaminated products and return them to the place of purchase, which she argues is impractical and discourages consumers from doing so.
Torres contends that the recall is structured to reach “very few people” and will benefit only a small fraction of those who purchased the affected items.
“Defendant is well aware that any consumer who was made aware of the recall would be predisposed to throwing the Products away,” states the complaint. “Defendant is also aware that consumers shop in multiple locations and may or may not purchase the Products at the same location each time. Also, most consumers do not maintain receipts and therefore cannot obtain a refund at the purchase location for the recalled Products.”
Torres seeks to represent a nationwide class, as well as a New York subclass, composed of individuals who purchased the recalled Boar’s Head products. Her lawsuit cites violations of New York General Business Law.
Eligible class members could be automatically able to recover monetary damages and other compensation. There is no need for class members to hire an attorney. Nick Suciu III of Milberg is representing Torres and the class on a contingency-fee basis.
Milberg Continues Streak of Consumer Protection Lawsuits
Milberg’s Boar’s Head deli meat class action lawsuit is the latest consumer protection case filed by our attorneys.
From 2021 to 2023, Milberg filed 961 consumer protection lawsuits—the third most of any firm in the country—industry data from Lex Machina shows. The firm ranked first in the number of districts where it filed these cases and no firm filed more consumer protection lawsuits than Milberg in 2023.
A separate Lex Machina report from May 2024 found that Milberg filed the fifth most class action lawsuits from 2021 to 2023 (892) and had the greatest geographic reach in the three years (75 districts).
More than 60 years ago, Milberg pioneered the use of federal class action litigation to hold big companies accountable and we remain a national leader in filing class action lawsuits.
