Órla Baxendale Death, 25, of NY died from anaphylactic shock after serious allergic reaction from cookies consumption
A war of words between two companies erupted over a deadly situation that involved cookies recalled for an allergen.
Vanilla Florentine cookies sold at Stew Leonard’s contained peanuts that were not on the label.
Channel 3 first reported a recall for the cookies on Wednesday.
Órla Baxendale, 25, of New York, had a severe allergic reaction and died from anaphylactic shock, according to a statement released by hear attorneys.
Stew Leonard’s issued a statement that said the cookie company didn’t tell it that the ingredients had changed. However, the cookie company, Cookies United, told Channel 3 that’s not the truth.
Stew Leonard’s said it purchased the now recalled Vanilla Florentine cookies from the wholesaler, Cookies United of out New York.
The grocery store said in its statement that it was not notified there were peanuts in the product.
Cookies United said it did indeed notify Stew Leonard’s back in July that the ingredients had changed.
“It’s a sad day for us. We heard that a customer passed, who had a peanut allergy and then bought a cookie here at Stew Leonard’s,” said Stew Leonard Jr. in a video statement that was given to Channel 3 on Wednesday.
Leonard was surrounded by fellow employees in the video.
“It was a holiday cookie, it was a one shot deal. We bought it from an outside supplier and unfortunately this supplier changed the recipe and started going from soy nuts to peanuts and our chief safety officer was never notified,” Leonard said.
He went on to say the grocery store chain takes labeling very seriously.
Cookies United argued that it did tell Stew Leonard’s about the change in ingredients.
The cookie company sent Channel 3 a copy of an email it said it sent to 11 Stew Leonard’s employees on July 20, 2023.
The email said the cookies, both the chocolate and vanilla florentine cookies, now contain peanuts.
It also attached labels it said it sent to Stew Leonard’s that showed peanuts were listed.
Cookies United said the product was sold under the Stew Leonard’s brand, and repackaged and relabeled at Stew Leonard’s facilities.
Wednesday afternoon, Channel 3 asked Stew Leonard’s directly about the email from Cookies United. It referred us back to the video statement from Leonard Jr.
The Connecticut Department of Consumer Protection said Baxendale ate the cookies at a social gathering in Connecticut.
The cookies were sold at the Danbury and Newington locations from Nov. 6 to Dec. 31.
The DCP said anyone with a nut allergy should get rid of the cookies immediately.
Stew Leonard’s said customers can bring the cookies back for a full refund.
Here’s the entire statement released by Baxendale’s attorneys:
As the legal representatives of Órla Baxendale, it is with profound sorrow and heavy hearts that we, at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, confirm the tragic passing of Órla Baxendale on January 11, 2024. Órla, a talented dancer, was just 25 years old when her life was cut short due to anaphylactic shock resulting from a severe allergic reaction.
Órla’s passing stemmed from an unfortunate incident involving the consumption of a cookie manufactured by Cookies United and sold by Stew Leonard’s, which contained undisclosed peanuts. This tragic oversight has led to the recall of the Vanilla Florentine Cookies from Stew Leonard’s stores in Danbury and Newington, CT, for the period of November 6 – December 31, 2023.
Preliminary investigation has revealed that Órla Baxendale Death occurred due to the gross negligence and reckless conduct of the manufacturer and/or sellers who failed to properly identify the contents of the cookie on the packaging. This failure in proper disclosure has led to this devastating yet preventable outcome.
Born in East Lancashire, UK, Órla moved to New York to pursue a career as a dancer. Her sudden loss is not only a personal tragedy for her family and friends but also a significant loss to the artistic community.
We stand with Órla’s family in this difficult time and extend our deepest condolences. They have been overwhelmed and comforted by the outpouring of love, support, and tributes from around the world. Órla’s vibrant spirit and her relentless pursuit of excellence in her art have left an indelible mark on all who knew her.
– Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf
Here’s Cookies United full statement that was sent on Wednesday:
It has come to the attention of Cookies United that a customer of Stew Leonard’s has tragically died as a result of eating cookies containing peanuts. Our hearts and condolences are first with the family of this Stew Leonard’s customer.
Stew Leonard’s claimed in an earlier press release that “The cookies contain peanuts, which was an ingredient not disclosed to Stew Leonard’s by the manufacturer.” [bold is ours] Unfortunately, considering the tragedy of these circumstances, we need to point out that Stew Leonard’s was notified by Cookies United in July of 2023 that this product now contains peanuts and all products shipped to them have 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.
In the 24 hours since Cookies United learned of this tragedy we have been cooperating with the New York State Department of Agriculture and have been informed we are in compliance with all applicable rules and regulations relating to this product.
Our deepest sympathies to the family of this Stew Leonard’s customer.
– Walker G. Flanary III, general counsel
Here’s Stew Leonard’s statement, which was released on Tuesday:
This has never happened at Stew Leonard’s before. We have very strict food safety practices and one of them is having all proper ingredients listed on our labels. Unfortunately, we are buying these cookies from a company who never told us they changed the ingredients. We sold them in good faith and one customer was affected. We were devastated to learn this news and our family is sending our deepest condolences.
– Stew Leonard Jr., president & CEO, Stew Leonard’s