The family of a professional dancer who died after eating mislabelled cookies is suing the grocery store that sold them and the product manufacturer.
Back in January, Órla Baxendale went into anaphylactic shock after eating the Vanilla Florentine cookie from Stew Leonard's.
The biscuits from the Connecticut store were later recalled as the packaging didn't have a peanut allergy warning.
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The cookie had been labelled as not containing peanuts, meaning that the professional dancer had believed it was safe to eat.
Órla, 25, had a severe peanut allergy and quickly became ill after eating the biscuits manufactured by Cookies United.
Órla's family claim 'gross negligence' led to her death as manufacturers had not correctly identified allergens on the packing.
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A statement from family lawyers at the time stated: "This failure in proper disclosure has led to this devastating yet preventable outcome.
"Órla’s passing stemmed from an unfortunate incident involving the consumption of a cookie manufactured by Cookies United and sold by Stew Leonard’s, which contained undisclosed peanuts.
"This tragic oversight has led to the recall of the Vanilla Florentine Cookies from Stew Leonard’s stores in Danbury and Newington, CT, for the period of November 6 – December 31, 2023."
And Órla’s family filed a lawsuit to the Superior Court in Waterbury last week against both the manufacturer and the store.
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The lawsuit states that Órla had 'relied upon the manufacturer and seller to properly label the package sold to the general public' and that the cookies contained 'undeclared peanuts'.
Failure to label the packaging correctly prior to sale 'was grossly negligent, intentional, reckless, callous, indifferent to human life, and a wanton violation as the manufacturer and seller were required under the law to properly declare the ingredients,' the lawsuit adds.
Stew Leonard's said earlier this year it was not informed of the change of ingredients in the Vanilla Florentine Cookies from the bakery in Long Island which supplies it.
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In a video, CEO Stew Leonard Jr. said: “I’m here with our family and, I mean we’re just all devastated, very sad. I have four daughters, one of them is in her 20s. I can imagine how that family feels right now.”
Wholesaler Cookies United had a different version of events, claiming it had been informed.
A statement from Cookies United said: “Unfortunately, considering the tragedy of these circumstances, we need to point out that Stew Leonard’s was notified by Cookies United in July of 2023 that this product now contains peanuts, and all products shipped to them have been labeled accordingly.
"This product is sold under the Stew Leonard’s brand and repackaged at their facilities."
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Stew Leonard's told USA Today when they were asked for an update: "On the advice of our legal counsel, we can’t comment on pending litigation."
UNILAD has reached out to Stew Leonard's and Cookies United for comment.
Callum Jones