The family of a 25-year-old woman who died in January after eating a mislabeled cookie sold at Stew Leonard’s has filed a lawsuit against Stew Leonard’s, several employees of the company, and the cookie maker.
The lawsuit, which is dated May 23, says that Órla Ruth Baxendale had a severe peanut allergy and the label for the cookies did not declare peanuts even though they were among the ingredients.
When Baxendale ate a Florentine Cookie on Jan. 11, she had an anaphylactic reaction, went into cardiac arrest, lost consciousness and died, the suit says.
The cookie was sold by Stew Leonard’s and manufactured by New York-based Cookies United LLC.
The lawsuit states that a “deadly cookie” sold at the market killed Baxendale, an accomplished dancer who “was in the prime of her life” and had moved to New York from the United Kingdom to pursue her career, It goes on to say that Stew Leonard’s has failed to take responsibility and placed the blame on Cookies United.
“The failure to properly label the package prior to the distribution and sale of the Florentine Cookie(s) was grossly negligent, intentional, reckless, callous, indifferent to human life, and a wanton violation as the manufacturer and seller were required under the law to properly declare the ingredients,” the lawsuit states.
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In January, Stew Leonard’s said that the company’s chief safety officer was never notified that the cookies contained peanuts.
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The court documents state that Cookies United notified no less than 11 Stew Leonard’s employees in July 2023 that the cookie recipe changed and peanuts were added. The company also provided updated labels, but Stew Leonard’s never changed the label.
Cookies United has said that Stew Leonard’s created the incorrect labels and applied them to the product.
"First, Stew Leonard’s owes this family. And Stew Leonard’s is obviously responsible for putting into the stream of commerce a cookie that contained peanuts without ever putting anything about peanuts on their label," said Howard Hershenhorn, an attorney representing the family. "I want to get this family really well compensated, although no amount of money will ever make up for this horrific loss. Billions and billions wouldn’t make up for it."
The lawsuit also says Cookies United was careless and negligent, that it knew of the “extreme dangers” the cookies presented and failed to properly label, warn and instruct that the Florentine Cookies contained peanuts.
It goes on to accuse Cookies United of failing to properly notify Stew Leonard’s of the change in ingredients.
Baxendale’s family said in the lawsuit that she would not have suffered the injuries if the cookies were properly labeled.
NBC Connecticut reached out to Stew Leonard and the company said, on the advice of our legal counsel, they can’t comment on pending litigation.
NBC Connecticut has also reached out to Cookies Unlimited.
