Beverage maker Lyons Magnus faces another proposed class action lawsuit in the wake of its voluntary recall of more than 50 Oatly, Stumptown, Lyons Care, Pirq Plant Protein, MRE, Glucerna, Intelligentsia, Aloha, Imperial, Kate Farms and Premier Protein products, among others, due to potential microbial contamination.
The 25-page case claims “negligent oversight” on the part of Lyons Magnus caused the recalled nutritional and beverage products to potentially become contaminated with Cronobacter Sakazakii, bacteria that pose a particular risk to elderly, very young, or immunocompromised individuals.
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According to the suit, Lyons Magnus failed to both sufficiently test for the presence of the bacteria and disclose the contamination—or the risk of contamination—of the beverages at issue, which are touted as “support[ing] health,” “nutritional,” “alternatives” to dairy, vegan, immune-supporting or organic.
“Defendants should have known that the standards for food safety have become increasingly stringent in recent years,” the filing states. “Further, Defendants should have known the dangers of Cronobacter Sakazakii, due to recent powder supplement and food contaminations.”
The lawsuit notes that much of Lyons Magnus and subsidiary Tru Aseptics’ marketing is geared toward children, “the physically vulnerable,” and consumers in search of a health supplement. The filing contends that the defendants’ failure to note that the recalled products may be contaminated with Cronobacter Sakazakii is “material, false, misleading, and reasonably likely to deceive the public.”
“This is true especially considering the long-standing campaign that markets protein shakes, nutritional shakes, and dairy alternatives, as healthy, safe, and high quality as to induce customers, such as Plaintiff, to purchase the products.”
According to the FDA, consumers who have a recalled Lyons Magnus product in their possession should dispose of it immediately or return it to the place of purchase for a refund.
The plaintiff, a Goose Creek, South Carolina resident, claims to have been diagnosed with a stomach infection after consuming one of Lyons Magnus’ Premier Protein products.
The lawsuit aims to cover all consumers in the United States who purchased any of the recalled protein products, supplements, additives and drinks here or here for household or business use, and not for resale.
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