Daily Harvest Class Action Lawsuit Filed Over Gastrointestinal Illnesses

Following hundreds of reports involving severe illnesses among individuals who ate frozen “French Lentil + Leek Crumbles” distributed by Daily Harvest, a class action lawsuit has been filed that seeks damages on behalf of consumers nationwide who experienced problems.

A Daily Harvest recall was first announced last week, impacting nearly 30,000 packages of the prepared Crumbles distributed to individuals who subscribe to the popular meal delivery service. The action was taken after the manufacturer learned about more than 470 reports involving severe gastrointestinal illnesses, liver injuries and other injuries among consumers, often resulting in hospitalization. However, the exact source of the contamination remains unknown.

In a complaint (PDF) filed in the United Stated District Court Southern District of New York on June 27, plaintiff Breeanne Peni states that she was one of the consumers who developed severe gastrointestinal illness after eating the recalled French Lentil + Leek Crumbles, which ultimately led to the need for surgical removal of her gallbladder.

Peni indicates that after making an on-line purchase, the Daily Harvest food was delivered on May 24, 2022, and she consumed the French Lentil + Leek Crumbles on June 10, 2022. However, less than two days later, she was hospitalized after developing initial symptoms that included fever, nausea, extreme abdominal pain, chills and joint pain.

The gastrointestinal illness from the Daily Harvest Crumbles caused Peni to require surgical removal of her gallbladder, and she had to remain hospitalized until June 17, 2022. She filed the complaint ten days later, seeking class action status on behalf of either all consumers nationwide, who received Daily Harvest French Lentil + Leek Crumbles distributed during April to June 2022.

The lawsuit states the pain, suffering and bodily injury Peni experienced were a direct and proximate result of Daily Harvest’s negligence, in failing to exercise reasonable care in preparing and monitoring the safety and sanitary conditions of its French Lentil + Leek Crumbles. She also claims that Daily Harvest knew or should have known about the growing number of illnesses being reported by consumers, yet continued to market the new line of French Lentil + Leek Crumbles.

Daily Harvest Lawsuit Update

The case is among the first of what are expected to be several hundred Daily Harvest lawsuits likely to be filed in the coming weeks and months.

In a Daily Harvest recall update issued Monday, the manufacturer stated that it is continuing to work with the FDA, the state Department of Agriculture and third party laboratories to inspect the facility where the food was manufactured, as well as food samples and multiple areas of the supply chain. However, Daily Harvest claimed that testing so far has failed to detect Listeria, E.Coli, Salmonella, Staphylococcus Aureus (Staph), B.Cereus, Clostridium species, mycotoxins, aflatoxins, or major allergens, including egg, soy, milk, and gluten.

While the investigation continues, the FDA is instructing consumers to stop eating the recalled products and to discard them immediately to prevent further contamination and possible injury.

There were only about 28,000 of the Daily Harvest packages distributed nationwide, but a shockingly high lumber of gastrointestinal illnesses and adverse reactions were reported. Since reported problems typically only account for between 1% and 10% of all injuries experienced by consumers, it is likely that the number of confirmed cases will continue to increase as individuals learn that the recalled Daily Harvest Crumbles may be responsible for their injury.