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NYC woman sues Boars Head over listeria outbreak. How $11.54 on ham led to a class action lawsuit

Lawsuit filed against Boar's Head Provisions following listeria recall
Lawsuit filed against Boar's Head Provisions following listeria recall 00:32

NEW YORK -- A New York City woman has filed a class action lawsuit against Boars Head over the deadly listeria outbreak and deli meat recall

Rita Torres, of Queens, accuses Boars Head of "deceptive and misleading business practices" for not properly labeling products contaminated with listeria.

The lawsuit says Torres spent $11.54 on ham from a Shop Rite in Queens, but she claims she would not have done so if she knew it might be contaminated.

Boars Head has not responded to her lawsuit.

Boars Head recalls millions of pounds of meat

More than seven million pounds of meat have been recalled over the listeria outbreak.

Boars Head first issued a recall on July 26 for more than 200,000 pounds of liverwurst and other deli meats that were made on the same line. The move prompted Stop & Shop grocery stores to shut down their delis for cleaning. 

Four days later, the recall expanded to include 71 ready-to-eat meat and poultry items with "sell by" dates ranging from July 29 through Oct. 17.

"On behalf of all of us at Boar's Head Brand, we want to let our customers and consumers know that we deeply regret that our liverwurst products were found to be adulterated with Listeria monocytogenes," Boars Head said in the latest statement posted on its website. "No words can fully express our sympathies and the sincere and deep hurt we feel for the families that have suffered losses and others who endured illness."

Listeria outbreak hits New York and New Jersey

The listeria outbreak has been linked to 34 illnesses and two deaths across 13 states, including New York and New Jersey

New York has seen at least a dozen cases, with four in the city and three on Long Island. New Jersey has seen two cases, including one death.

Listeria is a bacteria that can be found in plants and soil. It can withstand extreme temperatures, like being in a refrigerator or freezer, and it sticks to surfaces. 

Symptoms can take days or weeks to show up and often appear flu-like, including muscle aches, nausea, vomiting and diarrhea. Severe cases can cause neurologic symptoms and even death. 

People who are immunocompromised are most at risk, along with people over the age of 65 and those who may be pregnant. 

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