Circle of relatives of dancer who died from consuming mislabeled Stew Leonard’s cookie sues retailer

US Information

By way of Olivia Land

Revealed
Would possibly 24, 2024, 4:02 p.m. ET

The circle of relatives of the pro dancer who died after consuming a mislabeled Stew Leonard’s cookie is suing the preferred grocery chain, the cookie producer and staff for wrongful dying.

Órla Baxendale, 25, used to be rehearsing at a dance studio in Connecticut on Jan. 11 when she went into anaphylactic surprise from a critical allergy to a Vanilla Florentine cookie offered through the chain that contained peanuts.

The grocery store failed to notice the allergen possibility at the package deal’s label, her circle of relatives says.

The tragic incident used to be the results of “gross negligence and reckless indifference to the rights of others and an intentional wanton violation of the ones rights” through execs who didn’t replace the element label to notice that the cookie now accommodates peanuts, Baxendale’s mom alleged in a lawsuit filed Thursday.

Órla Baxandale died from an allergy to a cookie Jan. 11. Instagram/orla_baxendale

Baxendale’s circle of relatives is looking for damages in way over $15,000 along with financial and punitive damages made up our minds through the court docket, in keeping with the submitting considered through The Publish.

The lawsuit accuses the chain, the Connecticut department the place the precise field of cookies used to be bought and a number of other staff of negligence at the grounds that they not noted a July 20, 2023, missive from the producer Cookies United LLC that mentioned the Florentine Cookies now comprise peanuts.

A minimum of 11 Stew Leonard’s employees won the e-mail, however the grocery store didn’t replace the element labels to notice the brand new allergen possibility, the swimsuit says.

The flawed label led to Baxendale — who had a “critical peanut hypersensitivity” — consuming to the cookie and therefore struggling the critical allergy that led to her dying, the plaintiffs allege.

The Vanilla Florentine cookies weren’t categorised to suggest that they comprise peanuts. Connecticut Division of Public Well being

The truth that Stew Leonard’s if truth be told recalled a number of merchandise for flawed or incomplete labels within the weeks after Baxendale’s dying used to be “additional evidence of the damaged, unreliable, inherently bad … methods in position” on the grocery chain, the swimsuit claimed.

Stew Leonard Jr., president and CEO of the grocery chain, admitted to his and the corporate’s culpability in Baxendale’s dying in a Jan. 24 video commentary at the incident, the submitting added.

Cookies United must even be held liable as it in the long run manufactured, packaged and offered the product to Stew Leonard’s, the swimsuit says.

Stew Leonard Jr. addresses Baxendale’s dying in a video commentary Jan. 24. News12 Bronx

A number of legit regulators publicly admonished each the grocer and producer of their exams of Baxendale’s dying, the 45-page submitting famous.

“Proper labeling in order that individuals who have meals hypersensitive reactions can accurately offer protection to themselves is of maximum significance,” Connecticut Division of Public Well being Commissioner Dr. Manisha Juthani stated of the incident.

“I will not rigidity sufficient the significance of meals hypersensitivity consciousness in order that an avoidable tragedy like this doesn’t occur once more,” Juthani stated.

The producer Cookies United LLC could also be named within the lawsuit. News12 Bronx

By way of failing to be sure that the Vanilla Florentine cookies have been appropriately categorised, Stew Leonard’s and Cookies United LLC violated state and federal laws, the lawsuit stated.

A rep for Stew Leonard’s declined to talk to The Publish concerning the swimsuit. Cookies United didn’t right away respond to The Publish’s request for a remark.

Órla Baxendale used to be at the beginning from Manchester, England, and moved to New York Town in 2018 to check on a scholarship on the Ailey College.

She had carried out at New York Type Week and used to be all for productions at Lincoln Heart.

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