Lawsuit: Stew Leonard's system for labeling products with potential allergens was 'broken, unreliable'

Attorneys for a British dancer who suffered a fatal allergic reaction after eating a cookie from Stew Leonard's that contained undeclared peanuts have filed an amended lawsuit in Connecticut, arguing the regional grocery store chain's system for labeling products with potential allergens was "broken, unreliable" and "inherently dangerous."

The Oct. 16 filing comes after a Connecticut judge last month ruled individual Stew Leonard's employees, including the company's namesake, were not legally liable for the death of Órla Baxendale, 25, under the Connecticut Product Liability Act. 

In her Sept. 16 ruling, Waterbury Superior Court Judge Kimberly Massicotte also dismissed wrongful death counts against Stew Leonard's and Cookies United, the Islip-based wholesaler that manufactured the cookie, ruling the CPLA is the only legal remedy for injuries caused by defective or mislabeled products.

In its amended complaint, attorneys for Baxendale sued Stew Leonard's and Cookies United under the CPLA while suing the individual employees, including Stew Leonard Jr., the company's president and chief executive, under the state's wrongful death statute.

"The failure to properly label the cookie(s)’ package prior to the distribution and sale of the cookie(s) was grossly negligent, intentional, reckless, callous, indifferent to human life, and a wanton violation as the manufacturer and seller were required under the law to properly declare the ingredients," Howard Hershenhorn, an attorney who represents Baxendale's family, wrote in the amended complaint.

Hershenhorn, along with attorneys for Stew Leonard's and Cookies United, did not respond to requests for comment.

Baxendale, 25, of Manchester, England, but living in New York, went into anaphylactic shock on Jan. 11, 2024, after eating the cookie, purchased at a Connecticut Stew Leonard's store, at a social gathering, officials said.

In May 2024, the estate of the dancer filed a wrongful death lawsuit, claiming the failure to properly label the package was negligent.

Stew Leonard’s has argued Cookies United went from soy nuts to peanuts in its cookies recipe without notifying its chief safety officer.

But Cookies United executives said they sent emails to 11 Stew Leonard's employees — all of whom were named in the lawsuit — notifying them the product now contained peanuts. The company also contends that when the cookies were shipped to Stew Leonard's, the labels created by the bakery stipulated the product contained peanuts.

The lawsuit argues Stew Leonard's employees ignored the email and the updated ingredients were never included on the cookie label.

The new filing cites multiple examples of products in 2024 alone that were recalled by Stew Leonard's because of improper labeling, including rainbow cookies, chicken salad and sliced chicken and apple crisps.

The grocery chain, with two locations on Long Island, has "broken, unreliable, inherently dangerous, undependable, untrustworthy, erratic, and deplorable systems in place to identify known food allergens," the new filing states.

To settle its investigation with the state, Stew Leonard's was required to pay $50,000 to Connecticut's Department of Consumer Protection and to make a $200,000 donation to a nonprofit that focuses on food allergy and anaphylaxis research, prevention and awareness.

Stew Leonard's was also mandated to designate an internal compliance manager responsible for food safety, training and reporting; to establish storewide policies to ensure accurate labeling of supplier-provided foods; to improve training for employees and to hire an independent third-party compliance monitor.

Baxendale moved to New York in 2018 to train as a scholarship student at The Ailey School. She worked with various choreographers and appeared in numerous professional productions, including at Lincoln Center.