The Boar’s Head lawsuit landscape after the 2024 listeria outbreak breaks into three separate tracks: a $3.1 million consumer class action settlement pending final court approval, individual wrongful death and personal injury cases (one already settled confidentially), and an unrelated labor dispute with former New York distributors that a state appeals court revived in February 2026. A congressional referral asking the Department of Justice to consider criminal charges is also open, with no charges announced as of mid-2026.
The $3.1 Million Consumer Class Action Settlement
If you bought a recalled Boar’s Head product for personal or household use between May 10 and August 12, 2024, you are eligible to file a claim. Five class actions filed in federal courts in New York, Illinois, and California were consolidated before Judge Philip M. Halpern in the Southern District of New York under Pompilio, et al. v. Boar’s Head Provisions Co., Inc., Case No. 7:24-cv-8220. The plaintiffs alleged violations of state consumer protection laws, breach of express and implied warranties, fraud, negligent misrepresentation, and unjust enrichment.1ColdCutRecallSettlement.com. Declaration of Jason Sultzer in Support of Final Approval of Class Action Settlement
The court granted preliminary approval on January 31, 2025, and set a final approval hearing for August 13, 2025.2ColdCutRecallSettlement.com. Cold Cut Recall Settlement Claim rules:
- With proof of purchase, you can recover the full purchase price for each unit bought.
- Without proof of purchase, you can claim the average retail price for up to two products per household.
- Any reimbursement you already received directly from Boar’s Head is subtracted from your payout.
- The deadline to submit a claim is May 16, 2025.3ColdCutRecallSettlement.com. Cold Cut Recall Settlement FAQs
From the $3.1 million fund, the court may award attorneys’ fees of up to one-third (roughly $1.03 million), service awards of up to $1,000 per class representative, and notice and administrative costs.3ColdCutRecallSettlement.com. Cold Cut Recall Settlement FAQs
This settlement covers economic losses on the purchase itself. It does not cover illness, hospitalization, or a death in the family. Those claims travel a different track.
Wrongful Death and Personal Injury Cases
Sixty-one people across 19 states were infected, 60 were hospitalized, and 10 died in the outbreak, according to the CDC.4CDC. Listeria Outbreak Linked to Deli Meats Individual suits by people sickened and by families of those who died are being handled outside the class action.
The food safety firm Marler Clark, led by William Marler, filed at least four wrongful death complaints in federal courts in New York and Virginia in 2024.5Marler Clark. Marler Clark Files Three More Listeria Lawsuits Against Boar’s Head6Marler Blog. Marler Clark Filed 4th Listeria Wrongful Death Lawsuit Against Boar’s Head One suit, filed in the Eastern District of Virginia for Barbara Schmidt, seeks $10 million in punitive damages after she spent six days in the ICU with listeriosis tied to Boar’s Head liverwurst.7Marler Clark. Marler Clark Files $10,000,000 Punitive Damages Claim
Boar’s Head reached its first wrongful death settlement in December 2024 with the family of Gunter Morgenstein, an 88-year-old Holocaust survivor who bought liverwurst in Virginia on June 30, 2024, was hospitalized with sepsis and listeriosis on July 8, and died on July 18. The terms are confidential. Ron Simon & Associates, which represented the family, said it continues to represent numerous other outbreak victims.8PR Newswire. Boar’s Head Settles First Wrongful Death Listeria Case With Family of Holocaust Survivor
Why Boar’s Head Is Being Sued
Between late May and mid-September 2024, deli meats produced at the Boar’s Head plant in Jarratt, Virginia, were traced to a Listeria monocytogenes outbreak. Testing by the Maryland Department of Health and the New York State Food Laboratory confirmed the outbreak strain in unopened Boar’s Head liverwurst.4CDC. Listeria Outbreak Linked to Deli Meats A July 26, 2024 recall of about 207,528 pounds of liverwurst and related products expanded on July 30 to roughly 7.2 million pounds of ready-to-eat meat and poultry made at the Jarratt facility (establishment number “EST. 12612”) between May 10 and July 29, 2024.9FSIS. Boar’s Head Provisions Co. Expands Recall of Ready-to-Eat Meat and Poultry Products
USDA inspection records later released documented 69 instances of noncompliance at Jarratt between August 2023 and August 2024, including mold and mildew on hand-washing surfaces and equipment, a “black mold-like substance” noted in a January 2024 report, meat residue on injection needles and food-contact surfaces, dripping condensation, clogged drains, rancid odors, and raw products soiled with blood.10Food Safety News. Inspection Report Reveals History of Sanitation Issues at Boar’s Head Plant Linked to Deadly Listeria Outbreak These records are the factual backbone of the civil claims and the referral for criminal review.
The Criminal Referral and Federal Investigations
On September 26, 2024, Representative Rosa DeLauro and Senator Richard Blumenthal referred the matter to the Department of Justice and USDA, citing 84 documented instances of noncompliance at Jarratt between June 2023 and August 2024 and asking whether criminal charges were warranted.11Office of Rep. DeLauro. DeLauro, Blumenthal Refer Boar’s Head to DOJ for Responsibility in Listeria Outbreak On October 15, 2024, USDA Inspector General Phyllis Fong opened a separate investigation into how federal and Virginia state inspectors handled the recurring noncompliance reports.12Sen. Blumenthal. Blumenthal Announces Federal Investigation Into USDA Response
As of mid-2026, neither the DOJ nor the Inspector General has publicly announced charges, indictments, or a final report. The USDA has invoked a Freedom of Information Act exemption to withhold certain inspection and enforcement records, citing an “ongoing law enforcement investigation” involving civil and criminal statutes.13Food Safety News. Where Did the Boar’s Head Investigations Go?
The Distributor Labor Case (Separate From the Outbreak)
A different lawsuit against Boar’s Head has nothing to do with contaminated meat. Three former New York distributors, Frank Barone, Sal Savasta, and Anthony Lercara, sued in Sal Savasta, Inc., et al. v. Boar’s Head Provisions Co., Inc., alleging Boar’s Head classified them as independent contractors while controlling their routes, pricing, marketing, and even clothing standards, and then pressured them into selling their businesses below market value by threatening to cut off supply and block the sales.14New York Post. Boar’s Head Could Be on the Hook for Millions After Distributors Allege Abusive Labor Practices
On February 18, 2026, the Appellate Division, Second Department modified a 2021 lower court order and reinstated the distributors’ claims for breach of contract, economic duress, and labor law violations tied to alleged misclassification, finding the plaintiffs had plausibly alleged Boar’s Head exercised “extensive control” over their operations. The appellate court affirmed dismissal of tortious interference and fraudulent inducement claims, and dismissed Franchise Sales Act claims as time-barred. The economic duress claim survived on the allegation that the distributors signed general releases only under the threat of having their sales blocked.15FindLaw. Sal Savasta, Inc. v. Boar’s Head Provisions Co., Inc. If the distributors win on the labor claims, Boar’s Head could face millions in unpaid wages.14New York Post. Boar’s Head Could Be on the Hook for Millions After Distributors Allege Abusive Labor Practices
What to Do If You Were Affected
If you only bought recalled product, the class action is your route; file through the settlement claims process before the May 16, 2025 deadline.3ColdCutRecallSettlement.com. Cold Cut Recall Settlement FAQs If you or a family member was hospitalized or died from listeriosis linked to a recalled Boar’s Head product, an individual injury or wrongful death claim is a separate matter handled by personal injury or food safety counsel, and the confidential Morgenstein settlement shows the company has been willing to resolve those cases outside the class. The consumer settlement fund does not compensate illness or death.