Over the last week, Boar's Head had to recall 7 million pounds of deli meat because of of a listeria outbreak.
The products shipped to retailers bear establishment number 'EST. 12612' or 'P-12612' inside the USDA mark of inspection on the product labels.
Hopefully, your supermarket deli already dumped the product, and you don't have to worry about it.
But Rita J. Torres isn't ready to just let the company off the hook for doing the right thing.
She's suing the meat company, not because she ended up with a listeria infection, but because no one listed listeria on the ingredients label.
And the Fair Packaging and Labeling Act (FPLA) requires that food manufacturers include all ingredients on the label.
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.
And also,
Defendant is using a marketing and advertising campaign that omits from the packaging that the Products contain Listeria monocytogenes. This omission leads a reasonable consumer to believe they are not purchasing a product that contains Listeria monocytogenes when in fact they are purchasing a product contaminated with Listeria monocytogenes.
Honestly, I don't know if Torres is crazy or brilliant here.
If this lawsuit gets any kind of settlement whatsoever, every recall from this point forward will have some crazy person trying to sue the company!
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