A Dutchess County man is suing Boar’s Head Provisions Company for allegedly engaging in deceptive business practices and false advertising by not disclosing the presence or risk of listeria contamination in deli meats.
Boar’s Head of Sarasota, Florida recalled millions of pounds of deli meats this past July after listeria bacteria were detected in Strassburger Brand Liverwurst produced at a plant in Virginia. At least 59 people in 19 states were hospitalized and ten have died, including two in New York.
Frank Pompilio filed a class action lawsuit on Oct. 30 in U.S. District Court, White Plains, seeking at least $5 million on behalf of New Yorkers who bought Boar’s Head products before July 31.
His lawsuit is the twelfth class action case brought against Boar’s Head since the recall. Complaints filed in six states across the country accuse the company of wrongful death, personal injury, product liability, and fraud.
Pompilio claims he bought tainted Boar’s Head products at a Stop & Shop market in Poughkeepsie. He does not identify the specific products he bought or say if was sickened.
The complaint lists 57 variations of bologna, bacon, frankfurters, hams, and sausages that were allegedly made, marketed and sold in misleading ways.
Pompilio says consumers rely on labels to decide if products are safe and worth buying. They cannot independently test the products, so they expect the manufacturers to disclose the risks of contamination.
The complaint is based on New York’s General Business Law, a consumer protection statute that makes it unlawful to engage in deceptive practices and false advertising in business, trade or commerce.
Pompilio is asking for monetary damages, punitive damages, and $550 for each transaction in New York that was deceptive and falsely advertised.
The Boar’s Head media relations office did not reply to a message asking for the company’s response to the allegations.
Pompilio is represented by Poughkeepsie attorneys Jason P. Sultzer and Daniel Markowitz.
