A wrongful death lawsuit has been filed against Stew Leonard's, a popular grocery chain, alleging that a young woman died as a result of consuming a cookie that was not properly labeled for containing peanuts. The lawsuit claims gross negligence and reckless indifference on the part of Stew Leonard's and the cookie wholesaler, Cookies United.

The victim, Órla Baxendale, a 25-year-old dancer from East Lancashire, United Kingdom, had moved to New York to pursue her career. Tragically, Baxendale died on January 11th from complications of anaphylaxis due to her severe peanut allergy after consuming a Florentine cookie sold by Stew Leonard's, which was not labeled accurately.

Connecticut officials corroborated the lawsuit's claims, confirming that the cookie in question did not bear proper labeling indicating the presence of peanuts. Following Baxendale's death, Stew Leonard's promptly recalled the seasonal product, clarifying that it inadvertently contained undeclared peanuts along with eggs.

The Florentine cookies were supplied by Cookies United, a wholesaler based in Islip, New York. They were labeled with the Stew Leonard's brand name, according to Connecticut officials. Notably, Baxendale's tragic death is the only reported incident associated with the mislabeled cookies, as per Connecticut officials.

Cookies United maintains that it had notified multiple Stew Leonard's employees via email in July 2023 that the cookies contained peanuts. Stew Leonard's president and CEO, Stew Leonard Jr., stated that their chief safety officer was unaware of the recipe change. The lawsuit alleges that both Stew Leonard's and Cookies United were negligent in their communication, leading to Baxendale's untimely demise.

The lawsuit, filed on behalf of Baxendale's estate by her administrators, including her mother, accuses Stew Leonard's and Cookies United of "carelessness and negligence" resulting in wrongful death. It claims that Cookies United failed to adequately inform Stew Leonard's about the new ingredient, while Stew Leonard's allegedly disregarded the notice they did receive about the recipe change. The lawsuit further criticizes the grocery store's labeling systems as unreliable and dangerous, citing additional recalls that followed the Florentine cookie recall.

Howard Hershenhorn, a senior partner at the law firm representing Baxendale's estate, expressed frustration over Stew Leonard's apparent inaction, stating that the company had received notification about the ingredient change but failed to take appropriate measures. The lawsuit seeks both compensatory and punitive damages to be determined during trial, aiming to prevent similar incidents from occurring in the future.

Stew Leonard's declined to comment on the ongoing litigation, while Cookies United's general counsel did not respond to inquiries seeking comment. According to Hershenhorn, Baxendale was at a rented house in Connecticut when she consumed the mislabeled cookie and had an allergic reaction. Despite using an EpiPen, she tragically passed away at a local hospital. Baxendale's severe peanut allergy made her extremely cautious, Hershenhorn added.

The lawsuit not only seeks justice for Baxendale's death but also aims to prevent similar incidents from happening with any food products sold by Stew Leonard's or manufactured by Cookies United.

In January, Stew Leonard's released a video statement expressing their devastation over Baxendale's death and defending their labeling process. They attributed the labeling error to a change in the supplier's recipe and acknowledged that their chief safety officer was not notified. The company collaborated with the Connecticut Department of Consumer Protection and the supplier to investigate the cause of the mistake.

Cookies United conveyed their condolences to Baxendale's family, labeling her death as a tragedy that could have been avoided. The company stated that they were cooperating with the New York State Department of Agriculture and comply with all relevant rules and regulations concerning the product.

As the wrongful death lawsuit progresses, the focus remains on seeking justice for Baxendale and ensuring that such mislabeling incidents do not occur again with Stew Leonard's or any other food products.