Lyons Magnus Facing Class Action After Recalling Oatly, Organic Valley, Dozens More Products
by Erin Shaak
Catalano v. Lyons Magnus, LLC
Filed: August 11, 2022 ◆§ 7:22-cv-06867
Lyons Magnus faces a class action after recalling dozens of nutritional drinks, milk products and coffee beverages due to potential microbial contamination.
Lyons Magnus faces a proposed class action lawsuit in the wake of a voluntary recall of dozens of the company’s nutritional drinks, milk products and coffee beverages due to potential microbial contamination.
The 27-page lawsuit alleges Lyons Magnus failed to disclose that the recalled products—which include beverages under the Glucerna, Aloha, Intelligentsia, Oatly, Kate Farms, Premier Protein and Stumptown brands, among others—may have been contaminated with Cronobacter sakazakii, a bacterium that can cause a serious or even life-threatening infection.
A list of the recalled Lyons Magnus products can be found here.
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Per the case, the affected products were “improperly, deceptively, and misleadingly labeled” given the defendant omitted from packaging that a consumer’s ingestion of the drinks could harm their health.
“Defendant specifically lists both the active and inactive ingredients of the Products on the labeling; however, Defendant fails to disclose that the Products contain, or are at the risk of containing, Cronobacter sakazakii,” the complaint reads.
According to the suit, the risk of infection from Cronobacter sakazakii, which can cause fever, vomiting, urinary tract infections and even death, is “particularly concerning” for infants, elderly persons and immunocompromised individuals, who are more susceptible to severe health effects.
The case relays that Lyons Magnus recalled 53 nutritional and beverage products on July 28, 2022 after microbial testing revealed the presence of Cronobacter sakazakii. Per the suit, the recall included nutritional drinks, dairy alternatives, coffee beverages and protein drinks under the following brand names:
- Lyons Ready Care
- Lyons Barista Style
- Kate Farms
- Premier Protein
- Thick/Nectar Consistency
On August 10, Lyons Magnus expanded the recall to cover additional brands and code dates, including products under the Café Grumpy, Tone It Up, Uproot, Organic Valley, Sated, Rejuvenate, Optimum Nutrition, Sweetie Pie Organics, Ensure Harvest and PediaSure Harvest brands.
The full list of recalled products can be found here.
Lyons Magnus stated in the August 10 announcement that its products were being recalled due to the potential for microbial contamination from both Cronobacter sakazakii and Clostridium botulinum. The company noted that although the latter has not been detected in the products, the bacterium has the potential to cause a severe form of food poisoning, symptoms of which can include double or blurred vision, drooping eyelids, slurred speech, difficulty swallowing and muscle weakness. Poisoning from the bacterium can lead to respiratory paralysis, which is fatal unless mechanical ventilation is provided, the press release relays.
The lawsuit, filed on August 11, claims the recalled Lyons Magnus products are “in no way safe for humans” and “entirely worthless.” Had consumers known that the beverages may contain bacteria, they would not have purchased the items or at least would have paid less for them, the case argues.
The lawsuit looks to represent anyone who purchased the recalled products in the U.S. during the applicable statute of limitations period.
Note: There’s usually nothing you need to do to join or be considered part of a class action when it’s first filed. If the case moves forward and settles, that’s when those affected, called the class members, should receive notice of the settlement and instructions on how to file a claim for their share.
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Camp Lejeune residents now have the opportunity to claim compensation for harm suffered from contaminated water.
Read more here: Camp Lejeune Lawsuit Claims
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