A New York City dancer has died after eating mislabeled cookies containing peanuts, according to the family’s lawyers, who revealed the product was sold at a popular regional supermarket chain.
In a statement on Jan. 24, the legal representatives of Órla Baxendale, 25, said their client went into anaphylactic shock and died on Jan. 11 resulting from a severe allergic reaction after she ate Vanilla Florentine Cookies.
“Órla’s passing stemmed from an unfortunate incident involving the consumption of a cookie manufactured by Cookies United and sold by Stew Leonard’s,” the New York-based law firm of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf wrote in the statement.
A preliminary investigation into Ms. Baxendale’s death revealed “gross negligence and reckless conduct of the manufacturer and/or sellers” for not properly stating the contents of the cookies on the packaging, the attorneys wrote.
“This failure in proper disclosure has led to this devastating yet preventable outcome,” they added.
Ms. Baxendale was born in the United Kingdom and started dancing at a very early age. In 2018, she moved to New York to train as a scholarship student at The Ailey School, where she worked on multiple freelance projects throughout the state.
According to the school’s website, she worked with famous choreographers such as Matthew Bourne and was also a cast member of “English With An Accent,” a dance production that was performed at Lincoln Center in New York.
“Her passion for dance extended well beyond a single discipline as she was an exquisite ballet, contemporary, and Irish step dancer,” read an online obituary for Ms. Baxendale.
Recall Issued
The Connecticut Department of Consumer Protection Food, Standards and Product Safety Division (DCP) said in a statement on Jan. 23 that a recall had been issued for the product by Stew Leonard’s over undeclared peanut allergen concerns.
The Florentine Cookies were sold in Danbury and Newington between Nov. 6, 2023, and Dec. 31, 2023, and have a best-before date of Jan. 5, 2024, the agency said, noting Ms. Baxendale is living in New York City but she ate the cookies at a social gathering in Connecticut.
“Consumers with a nut allergy should immediately dispose of the cookies or return them to the point of sale and seek medical attention if necessary,” the agency wrote.
Stew Leonard’s has multiple stores in New York, New Jersey, and Connecticut, but the cookies that led to Ms. Baxendale’s death were only sold at the chain’s locations in Danbury and Newington, according to the agency.
“Out of an abundance of caution, DCP worked with Stew Leonard’s to remove all baked items produced by Cookies United from all Stew Leonard’s Connecticut locations,” officials said.
The retailer said about 500 packages of the cookies were sold.
DCP Commissioner Bryan Cafferelli described the incident as a “heartbreaking tragedy that should never have happened,” saying DCP food inspectors are working with the U.S. Food and Drug Administration, the state Department of Public Health (DPH), and Stew Leonard’s, as well as counterparts in New York and New Jersey to determine “how this error happened and prevent a similar tragedy from occurring in the future.”
“Correct labeling so that people who have food allergies can appropriately protect themselves is of utmost importance,” said DPH Commissioner Manisha Juthani in a statement. “I am devastated to learn of this incident and will work with partners to ensure that we can protect people with food allergies.”
Companies Respond
In a video, Stew Leonard Jr., president and CEO of Stew Leonard’s, said the supplier, Cookies United, went from soy nuts to peanuts in the recipe without notifying the grocery store chain’s chief safety officer.
“We have a very rigorous process that we use as far as labeling. We take labels very seriously, especially peanuts,” he said.
Cookies United, however, said in a statement on Jan. 23 that it notified Stew Leonard’s last year that the cookie recipe had changed and contained peanuts and that all products shipped to the retailer had been labeled accordingly.
“This product is sold under the Stew Leonard’s brand and repackaged at their facilities. The incorrect label was created by, and applied to, their product by Stew Leonard’s,” Cookies United added.