Frozen Waffle Recall Lawsuit Filed Against TreeHouse Foods Over Listeria Contamination Risk
Rugg-Harrell v. TreeHouse Foods, Inc.
Filed: October 25, 2024 ◆§ 1:24-cv-10992
A class action accuses TreeHouse Foods of failing to warn consumers that frozen waffle products recalled this month may be contaminated with harmful bacteria.
A proposed class action lawsuit accuses TreeHouse Foods of failing to warn consumers that dozens of frozen waffle products recalled in October 2024 may be contaminated with harmful bacteria.
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The 27-page TreeHouse Foods lawsuit alleges the manufacturer, which distributes processed foods to retail stores nationwide, has falsely advertised that its frozen waffles are safe for consumption when, in fact, the products were recalled on October 18 of this year due to possible Listeria contamination.
According to the class action suit, the products subject to the frozen waffle recall—which are listed in full in TreeHouse Foods’ press release—include those with “Best by” dates as late as September 2025.
Per the case, the brands affected by the TreeHouse recall include:
- 365 Organic
- Always Save
- Best Choice
- Bettergoods
- Breakfast Best
- Brookshire’s
- Central Market
- Clover Valley
- Compliments
- Culinary Tours
- Duncan Hines
- Essentials
- Food Lion
- Foodhold
- Full Circle
- Giant Eagle
- Good & Gather
- Gordon Choice
- Gordon Food Service
- Great Value
- Greenwise
- Hannaford
- Harris Teeter
- Higher Harvest by H‑E‑B
- Irresistibles Life Smart
- Kodiak Cakes
- Kroger
- Krusteaz
- Nature’s Basket
- Nature’s Path Organic
- Nature’s Promise
- No Name
- Organics
- Pic by Price Chopper
- President’s Choice
- Private Selection
- Publix
- Schnucks
- SE Grocers
- Selection
- Signature Select
- Simple Truth
- Simple Truth Organic
- Tops
- Trader Joe’s
- Wegman’s
- Western Family
- Wild Harvest
Nowhere on the products’ packaging is it disclosed that the frozen waffles are potentially contaminated with Listeria, the suit states. Exposure to Listeria can cause listeriosis, a dangerous foodborne illness, the complaint shares.
According to the filing, listeriosis can cause fever, muscle aches, headache, confusion, loss of balance, convulsions and other serious health concerns, and is particularly harmful to pregnant women, elderly adults and those who are immunocompromised.
“In people who are pregnant, the infection can cause miscarriages, stillbirths, premature delivery or life-threatening infection of the newborn,” the lawsuit says. “In addition, serious and sometimes fatal infections can occur in older adults and persons with weakened immune systems.”
The recalled waffles are “worthless and dangerous,” the fraud suit charges, arguing that reasonable consumers would not have purchased them had they known the products were potentially contaminated with disease-causing bacteria.
The lawsuit looks to represent anyone in the United States who purchased TreeHouse Foods’ recalled waffle products.
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