The recent fatal listeria outbreak linked to Boar’s Head products has raised serious concerns about food safety and regulatory oversight. With nine deaths and dozens hospitalized, many are questioning whether this tragedy could have been prevented. Despite repeated warnings from inspectors about unsanitary conditions at the Boar’s Head facility, including mold, rust, and insect infestations, production continued without significant intervention.
In today’s blog, the product liability attorneys at Kherkher Garcia explore the series of inspection failures, inadequate enforcement actions, and ongoing facility issues that contributed to the listeria outbreak. We will also consider whether stronger regulatory measures could have averted this devastating outcome.
Could the Listeria Outbreak Have Been Avoided?
Two years before a deadly listeria outbreak, U.S. inspectors warned that a Boar’s Head plant in Jarratt, Virginia, posed an ‘imminent threat’ to public health, citing unsanitary conditions like rust, wet ceilings, mold, and structural damage. Despite this, the U.S. Agriculture Department did not enforce strict actions, allowing the plant to continue processing meat.
Subsequent inspections found persistent problems. Public health officials in New York and Maryland later connected a strain of listeria from Boar’s Head liverwurst to illnesses and deaths. Boar’s Head recalled liverwurst in July and expanded it to include over 3,500 tons of meat. The plant has temporarily ceased production for disinfection.
The outbreak has caused nine deaths and numerous hospitalizations, with concerns that numbers could rise due to delayed symptoms. Some recalled products don’t expire until October, raising worries that consumers may still be unaware of the recall.
A federal food safety assessment of the Boar’s Head plant in Jarratt, Virginia, conducted in September and October 2022, found serious sanitary issues, including:
- Rust
- Mold
- Insects
- Leaking pipes
- Meat residue on food-contact surfaces
- Garbage on the plant’s floors and walls
Despite these findings, no enforcement action was taken, allowing the facility to continue producing ready-to-eat meats. Food safety experts argue that such conditions should have led to stricter action, especially given the risk posed by deli meats, which are consumed without cooking. Similar problems were found in inspections conducted in 2023 and 2024. The plant’s outdated sanitation methods relied heavily on cleaning routines, rather than more advanced measures to prevent bacterial contamination.
Boar’s Head Responds to ‘Imminent Threat’ Claims
Boar’s Head claims that inspectors’ warnings of an imminent threat in 2022 were not followed by enforcement after further testing. The U.S. Department of Agriculture (U.S.D.A.) is now reviewing the outbreak and has closed the plant pending safety improvements. The agency is also investigating other Boar’s Head facilities across the country.
Experts highlight that moisture in the plant, combined with rust, poses a serious risk, as listeria thrives in cold, wet environments. While no direct contamination was observed during the inspections, the facility’s age and unsanitary conditions contributed to the listeria outbreak, which has caused multiple deaths and hospitalizations.
Inspection reports from both state and USDA officials over the past year have documented numerous health violations at the Boar’s Head facility. A total of 69 instances of unsanitary conditions were found. These repeated issues raise significant concerns about the plant’s ability to maintain safe food production standards, particularly in preventing future listeria outbreaks.
Boar’s Head Facility Shut Down Indefinitely
The Jarrett, Virginia plant is now closed indefinitely leaving 500 employees without jobs. Some employees are still working on sanitizing the facility, but there are no plans for Boar’s Head to resume operating there.
Listeria is notoriously difficult to eliminate once it has infiltrated a food processing facility, making it a persistent threat to public health. According to food safety experts, the pathogen can thrive in hard-to-reach areas such as drains, cracks, crevices, and even within the walls of a facility. Lee-Ann Jaykus, a professor at North Carolina State University, explains, “Listeria is very difficult to control if it has colonized in a plant.”
Older facilities, like the Boar’s Head plant, built in 1990, are particularly susceptible. Unlike newer equipment, which can be disassembled for thorough cleaning, older systems often lack the capability for proper sanitation, further enabling the bacteria to take hold.
Hal King, managing partner of Active Food Safety, noted that Boar’s Head may be considering moving equipment to another facility or reconfiguring the plant for different uses, such as warehousing, if it remains closed. He added that most plants, when reopening, often shift to different products or production methods.
Understanding the Danger of Listeria
Listeria is a harmful bacterium commonly found in contaminated food products, posing a significant threat to public health. Known for its resilience, listeria can survive in cold environments, making it particularly dangerous in refrigerated foods like deli meats, soft cheeses, and unpasteurized dairy products. The bacterium thrives in hard-to-reach areas of food processing facilities, such as drains and cracks, allowing it to spread easily if proper sanitation measures are not maintained.
Symptoms of Listeria Infection
Listeria infection, or listeriosis, can cause a range of symptoms that vary in severity. In healthy individuals, symptoms may include:
- Fever
- Nausea
- Muscle aches
- Diarrhea
However, in vulnerable populations—such as pregnant women, newborns, older individuals, and those with weakened immune systems—listeriosis can be far more serious. It may lead to severe complications including:
- Meningitis
- Septicemia
- Miscarriage
Pregnant women are especially at risk, as listeria can cross the placenta, potentially causing stillbirth or preterm labor.
How Listeria Spreads
Listeria spreads primarily through the consumption of contaminated food. It can grow in refrigerated conditions, making it especially dangerous in ready-to-eat products like lunch meats, hot dogs, and liverwurst. In food processing facilities, listeria can persist in hard-to-clean areas, spreading through equipment, walls, and floors if not properly sanitized. Cross-contamination can also occur when raw foods come into contact with prepared products. Once established in a facility, listeria can be difficult to eliminate, posing long-term risks to consumers if proper food safety measures are not enforced.
Are Consumers Filing Lawsuits Against Boar’s Head?
Consumers are filing lawsuits against Boar’s Head in connection with the listeria outbreak linked to its products. In August 2024, a class action lawsuit was initiated by consumers alleging that Boar’s Head failed to disclose that their deli meats were contaminated with listeria, despite ongoing health concerns.
Several individual lawsuits have also been filed against Boar’s Head over claims related to personal injuries, wrongful death, and deceptive marketing practices due to the listeria outbreak. These lawsuits seek damages ranging from $25,000 to over $5 million. Individual lawsuits include consumers who fell seriously ill after consuming contaminated deli meat. Plaintiffs accuse Boar’s Head of negligence, product defects, and failure to warn consumers about the listeria risks in their products.
Some of the notable pending lawsuits include:
Ashley Solberg
Ashley Solberg, a Minnesota resident, was 35 weeks pregnant when she purchased Boar’s Head deli meat in Florida in May 2024. Shortly after returning to Minnesota, she contracted listeria, matching the outbreak strain. The infection led to a six-day hospitalization, where she was treated with antibiotics to protect her unborn child. Solberg’s lawsuit accuses Boar’s Head of negligence and manufacturing defects, seeking over $75,000 in damages for the harm caused by the contaminated meat.
Sue Fleming
Sue Fleming of Missouri is suing Boar’s Head after allegedly becoming severely ill from consuming their liverwurst in June 2024. Fleming claims she spent nine days hospitalized and an additional eleven days in rehabilitation due to the illness. The lawsuit, filed by Fleming and her husband Patrick, alleges negligence and breach of warranty and seeks over $25,000 in damages. Fleming continues to experience neurological symptoms and weakness.
Gunter Morgenstein
Gunter Morgenstein, a New York resident who was 88 years old, died on July 18 after consuming Boar’s Head liverwurst earlier in the month, according to a lawsuit filed on his behalf. The complaint alleges that his death was caused by sepsis and listeria meningitis following a 10-day hospitalization. The lawsuit claims that Morgenstein’s death was a direct result of consuming contaminated deli meat.
Jeffrey Scott Cox
Jeffrey Scott Cox of Alabama alleges that after consuming Boar’s Head bologna, he developed severe neurological symptoms, including facial drooping and breathing difficulties. As of mid-August, he remained hospitalized and on a ventilator, and his long-term prognosis was unclear, according to court documents. The lawsuit, filed by Cox’s mother, seeks more than $75,000 for alleged violations of Alabama’s product liability law and negligence.
Rita Torres
Rita Torres of New York has filed a class-action lawsuit on behalf of New York consumers against Boar’s Head, alleging that the company misled the public by failing to warn them about the listeria contamination. Torres is seeking more than $5 million in damages, claiming that the company’s recall efforts were also insufficient. The lawsuit alleges that “[t]his recall was deliberately designed to preclude the vast majority of consumers from receiving a recall.
Samantha Chuskas
Samantha Chuskas of Illinois has filed a class-action lawsuit against Boar’s Head, alleging false advertising. The suit claims that Boar’s Head’s marketing falsely portrayed the contaminated products as safe for consumption.
Sheryl Gatoff
Sheryl Gatoff of California has filed a class-action lawsuit against Boar’s Head, claiming that the company failed to disclose the potential presence or risk of listeria in its products. The suit alleges that the company’s packaging did not list any warnings, which is a violation of California consumer laws.
Contact a Product Liability Attorney
If you or someone in your family is suffering from harm due to the Boar’s Head listeria outbreak, don’t hesitate to seek legal guidance. Kherkher Garcia specializes in personal injury cases, including product liability. We help clients recover compensation for injuries and damages suffered due to negligent product manufacturers.
Our experienced attorneys understand the complexities of product liability law and are committed to fighting for your rights. Contact us today for a free consultation. Call 713-333-1030, or submit our online contact form to get started.
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