TreeHouse Foods Lawsuit Filed Over Potential Listeria Contamination in Frozen Waffle, Pancake Products

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TreeHouse Foods faces a proposed class action lawsuit after the manufacturer recalled several frozen waffle and pancake products in October 2024 due to potential Listeria contamination.

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According to the 27-page complaint, TreeHouse Foods announced a voluntary recall on October 18, 2024, which included frozen waffle products sold under multiple brand names. The recall was expanded on October 22 to include pancake products and additional frozen waffle products sold at Albertson’s, Aldi, Dollar General, Foodhold, HEB, Kroger, Publix, Target, Walmart and other retail stores.

A full list of affected products can be found in the defendant’s first and second recall press releases.

The lawsuit notes that the recalled products were manufactured at the company’s Brantford, Ontario facility in Canada and have expiration or “best by” dates ranging between October 1, 2024 and October 11, 2025.

Per the case, routine testing at the manufacturing facility detected that the breakfast foods may be contaminated with Listeria monocytogenes. This pathogenic bacterium can lead to serious and sometimes deadly infections and cause symptoms like fever, muscle aches, fatigue, confusion, seizures and loss of balance, the complaint explains.

Listeria infection can be particularly harmful to pregnant women, newborns, older adults and those with weakened immune systems, the suit says.

“L. monocytogenes is a particularly problematic contaminant because it can reproduce to dangerous levels in low temperatures—even in refrigerators and freezers,” the case notes.

The class action lawsuit accuses TreeHouse Foods of negligent misrepresentation, claiming the company falsely advertised the frozen waffle and pancake products as safe for human consumption. The plaintiff, a New York consumer, says she would not have bought the recalled items had TreeHouse Foods properly warned her of potential Listeria contamination.

The TreeHouse Foods lawsuit looks to represent all consumers who purchased the recalled frozen waffle or pancake products anywhere in the United States during the applicable statute of limitations period.

Learn all about the legal process: What is a class action lawsuit?