A woman from Queens filed a proposed class action lawsuit against Boar's Head following a massive recall due to listeria contamination.
The lawsuit, Torres v. Boar's Head Provisions Co. Inc., was filed on August 1 in the US District Court for the Eastern District of New York.
The plaintiff, Rita Torres, purchased a Boar's Head ham product from a grocery store in Queens, said the lawsuit.
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Boar's Head is accused of "false, misleading and deceptive" marketing. Torres was not sickened by the product.
Since the recall of Boar's Head products was announced in July, cases of listeria related to the contaminated deli meats have been reported in 13 states, according to a July 31 food safety alert published by the Centers for Disease Control (CDC).
Additionally, there have been 33 hospitalizations and two deaths associated with the contaminated meats, said the CDC.
The original recall, first published on July 26, only concerned Boar's Head's liverwurst products.
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That was expanded on July 30, said the company's website, to include all products that were produced at the Boar's Head facility in Jarratt, Virginia.
"On Monday evening, July 29, 2024, we learned from the USDA that our Strassburger Brand Liverwurst has been linked to the national deli meat Listeria monocytogenes outbreak. Based on this new information, we took steps to ensure we are doing everything possible to protect public health," said a statement published on Boar's Head's website.
The statement continued, "Out of an abundance of caution, we decided to immediately and voluntarily expand our recall to include all items produced at the Jarratt facility. We have also decided to pause ready-to-eat operations at this facility until further notice. As a company that prioritizes safety and quality, we believe it is the right thing to do."
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Listeria monocytogenes, the bacteria possibly contaminating the products, can cause listeriosis if consumed, said the website for the Centers for Disease Control.
"An estimated 1,600 people get listeriosis each year, and about 260 die," said the CDC.
Those at the highest risk from listeria are "pregnant women and their newborns, adults aged 65 or older, and people with weakened immune systems," they said.
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Listeria is particularly dangerous for pregnant women, said the CDC.
"Infection during pregnancy results in fetal loss in about 20% of cases and newborn death in about 3% of cases," they said.
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Other groups "rarely become seriously ill" when exposed to listeria, noted the CDC.
Not all foods are equally at risk of listeria contamination, said the CDC.
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The riskiest foods include sliced deli meats, soft cheeses, raw dairy products, and remade deli salads, they said.
Boar's Head did not respond to FOX Business' request for comment.
