Boar's Head faces class action lawsuit in NY after listeria outbreak

A class action lawsuit against Boar's Head was filed in a New York district court last week following the company's more than 7 million pound recall of meat and poultry products linked to a deadly listeria outbreak toward the end of July.

The lawsuit, filed in the United States District Court for the Eastern District of New York on August 1, says Boar's Head Provisions Co. Inc. "has improperly, deceptively, and misleadingly labeled and marketed its products ... by not omitting and disclosing to consumers on its packaging that the products are contaminated with Listeria monocytogenes."

The plaintiff, Queens County resident Rita Torres, alleges that she purchased one of the recalled products — Boar's Head Ham — at a Shop Rite Store in Queens County and that she and other “reasonable customers” would not have done so had the company properly warned consumers about possible bacterial contamination.

Boar's Head has not immediately responded to USA TODAY Network's request for comment.

Here's what to know.

What the lawsuit says

More than 100 class members — or all consumers who purchased products anywhere in the U.S. during the class period — are involved in the lawsuit, which seeks over $5 million.

According to the lawsuit, consumers trust manufacturers like Boar's Head to sell them safe products and it's the company's duty to provide consumers with accurate information about the contents of the products they're selling.

In addition to concerns over "deceptive and misleading business practices," the lawsuit also claims the company's recall "is designed to reach very few people and designed to benefit very few of the consumers who purchased the products" as customers must keep the product in order to be eligible for a refund.

How many listeria cases reported in NY

The New York-based lawsuit isn't the first. A Missouri couple filed a lawsuit July 26 claiming the Virginia-based company's deli meats made one of them "deathly ill." As of July 31, 34 people have reported listeria infections associated with the outbreak strain in 13 different states. Thirty-three people have been hospitalized and two deaths have been reported — one in Illinois and one in New Jersey.

New York state continues to have the highest number of cases with 12, according to the Centers for Disease Control and Prevention (CDC). Here's where the cases have been reported in New York, according to the New York State Department of Health:

• New York City: 4
• Suffolk County: 2
• Nassau County: 1
• Dutchess County: 1
• Cayuga County: 1
• Greene County: 1
• Onondaga County: 1
• Oswego County: 1

The state Department of Health also reported all 12 patients were hospitalized and no deaths linked to the listeria outbreak have been reported in New York.

Boar's Head recall grows: Where in NY are cases emerging?

What to do if you've purchased the recalled products

Those who are generally healthy and not at higher risk of serious infection should not eat the recalled meats and throw them away or contact stores about returns, the CDC says . You should also clean your refrigerator, containers and any surfaces that may have touched the recalled meats.

If you're pregnant, 65 or older or have a weakened immune system, here's what you should do:

• Do not eat recalled deli meats. Throw them away or contact stores about returns.
• Do not eat any other deli meats you get sliced at deli counters, unless it is reheated to an internal temperature of 165°F or until steaming hot.
• Clean your refrigerator, containers and surfaces that may have touched sliced deli meats.
• Call your healthcare provider right away if you have any of these symptoms :
  • People who are not pregnant usually have a fever, muscle aches, and tiredness. They may also get a headache, stiff neck, confusion, loss of balance, or seizures.
  • Pregnant people usually have fever, muscle aches, and tiredness. However, listeria can cause pregnancy loss or premature birth and cause serious illness or death in newborns.

USA TODAY contributed to this report.

Emily Barnes is the New York State Team consumer advocate reporter for the USA TODAY Network. Follow her on Twitter and Instagram @byemilybarnes . Get in touch at ebarnes@gannett.com .

This article originally appeared on Rochester Democrat and Chronicle: Boar's Head faces class action lawsuit in NY after listeria outbreak