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Stew Leonard’s Faces Wrongful Death Lawsuit Over Mislabeled Cookie
Regional supermarket chain Stew Leonard's is facing a wrongful death lawsuit after a customer died from a food allergy because she ate a cookie that was improperly labeled.
The new lawsuit was filed in Superior Court in Waterbury, Connecticut, by the family of the customer, Órla Baxendale, and accuses the supermarket chain of “gross negligence and reckless indifference to the rights of others” along with “intentional and wanton violation of those rights.”
Baxendale had a severe peanut allergy and was unaware that the Vanilla and Chocolate Florentine Cookies she purchased at the supermarket contained peanuts because they were not listed in the ingredient list. The lawsuit says that on January 11th, Baxendale had an anaphylactic reaction after she consumed the cookies. The 25-year-old began experiencing issues with her breathing and swallowing, had an increased heart rate, and had "feeling of doom and dread with accompanying terror, cardiac arrest, loss of consciousness and death."
The cookies, which are manufactured by Cookies United and packaged and sold by Stew Leonard’s, underwent an ingredient update, but the update was not reflected in the packaging, a failure on the part of Stew Leonard’s, the lawsuit explains.
According to the complaint, an email was sent by Cookies United to “no less than 11” employees at Stew Leonard’s. The email detailed that there was an updated ingredient label that now listed peanuts as an ingredient. However, the supermarket ignored the emails and did not update the packaging of the cookies, an act that the complaint maintains amounts to gross negligence.
In Connecticut, gross negligence falls in between the intent to do harm and negligence. Gross negligence is defined as willful, wanton, and reckless conduct that affects the life or property of another individual.
After Baxendale's death, the supermarket issued a press release, denying that Cookies United had ever notified them about the updated change in the ingredient list. Contrary to the assertion of gross negligence, the supermarket maintained, “We sold them in good faith, and one customer was affected."
The complaint highlights that Cookies United rebutted Stew Leonard’s press release, maintaining that it had indeed shared the updated ingredient and included a copy of the email sent to Stew Leonard’s employees.
A video press release also includes Stew Leonard Jr. confirming that the cookies were sold from one of their supermarkets and that it has sold 500 packages of the mislabeled cookie.
The Connecticut Department of Consumer Protection also launched its own investigation and along with Stew Leonard’s eventually recalled the Vanilla and Chocolate Florentine Cookies.
CDCP Commissioner Bryan T. Cafferelli shared, "DCP Food Investigators are working hard with the Department of Public Health, local health departments, officials in New York State and New Jersey, the Food and Drug Administration, and Stew Leonard's to determine how this error happened and prevent a similar tragedy from occurring in the future. Our condolences go out to the family affected by this incident."
The family’s lawsuit is seeking damages over $15,000 and other relief including punitive damages.
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