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(NEXSTAR) — If you purchased any Boar’s Head products that were later impacted by a widespread recall brought on by a deadly listeria outbreak last summer, you may be eligible to receive a payment as part of a class action lawsuit.
Last July, Boar’s Head issued a recall for roughly 200,000 pounds of its deli products, only to later expand that to 7 million pounds of its products that had been made at its Jarratt, Virginia, facility. Boar’s Head closed that facility in September after inspection reports revealed numerous problems, including mold, insects, dripping water and meat and fat residue on walls, floors and equipment dating back at least two years, the Associated Press reported.
The Centers for Disease Control and Prevention confirmed in the fall 2024 that the listeria outbreak linked to Boar’s Head products from the Virginia facility had ended. As of the final update from the CDC, published in mid-November, 61 people across 19 states were confirmed to have fallen ill as part of the outbreak. Ten people — two in New York, two in South Carolina, and one each in Florida, Illinois, New Jersey, New Mexico, Tennessee, and Virginia — died.
Several lawsuits were filed against Boar’s Head, including one from the family of an 88-year-old Virginia man and Holocaust survivor, who died after eating liverwurst that was ultimately implicated in the recall.
A class action lawsuit case, which combined four other previously filed suits, is now looking to refund consumers who purchased the Boar’s Head products impacted by the sweeping recall last summer.
Under the settlement, which is still pending court approval, Boar’s Head would establish a $3.1 million fund for payments to eligible class members. While Boar’s Head has denied any wrongdoing, the company has agreed to the settlement.
To be eligible, you must have purchased “any of the covered products…between the earliest date of manufacture” subject to the recall, May 10, 2024, and August 12, 2024, for personal, family, or household use, according to the website established for the settlement. Those impacted products can be found on page 64 of this court filing.
If you submit a valid claim and have proof of purchase for impacted products, you could receive the full purchase price for each applicable item listed on the receipt. Without proof of purchase, you could receive the “average retail price for up to two” covered products, according to the settlement site.
However, if you or anyone within your household was already reimbursed for the recalled product, your payment will be reduced by that reimbursement amount, settlement administrators said.
All payments could increase or decrease based on the total number of approved claims.
Claims can be submitted online or by printing off the form and mailing it in. Details on that process can be found here.
The deadline to submit a claim, exclude yourself from the settlement, or object to the case is May 16.
A hearing is currently scheduled for August 13, but if it is rescheduled or there are appeals to the case, the settlement administrators note payments could be delayed.
You can find additional details about the case at the settlement website.
The Associated Press contributed to this report.