ST. LOUIS — A group of insurance companies has sued Boar’s Head Provision Co., alleging the deli meat producer is responsible for more than $1.5 million in losses stemming from a 2024 listeria outbreak and nationwide recall that disrupted operations at Schnuck Markets grocery stores.
The lawsuit, filed by Scottsdale Insurance Company, Pacific Insurance Company Ltd. and Talbot Underwriting Ltd. as assignees of Schnuck Markets Inc., claims Boar’s Head breached implied warranties and contractual obligations by supplying deli meat contaminated with Listeria monocytogenes, according to a court filing originally filed November 5 in St. Louis Circuit Court. On January 5, it was removed to U.S. District Court for the Eastern District of Missouri.
The plaintiffs allege the case arises from a large, multi-state outbreak of listeriosis infections linked to contaminated Boar’s Head deli meat that was manufactured by the company and later stored, sliced and sold at retail grocery locations, including Schnucks stores.
At the time, Schnucks exclusively sold Boar’s Head deli meat as its premium brand across approximately 115 stores primarily located in Missouri and Illinois, the complaint states.
According to the filing, Boar’s Head initiated a nationwide recall of its liverwurst products in July 2024 after the products were found to be contaminated with the outbreak strain of Listeria monocytogenes.
The recall was later expanded to include additional meat products produced at Boar’s Head’s Jarratt, Va., facility. The recalled products had already been delivered to and paid for by Schnucks before the recall was announced, the plaintiffs allege.
The complaint states that the recall forced Schnucks to remove contaminated meats and cheeses from shelves and shut down deli counters for periods ranging from five days to two weeks, depending on the location.
Because Schnucks relied exclusively on Boar’s Head for premium deli meats, the recall and the resulting production disruptions led to a lack of inventory and significant lost sales and profits at deli counters across the grocery chain, according to the lawsuit.
The plaintiffs further allege that Boar’s Head’s brand and reputation were significantly damaged following the recall, citing the severity and public nature of the outbreak.
The filing references reports that at least 10 consumers died and others were sickened after consuming contaminated Boar’s Head products, including at least one Schnucks customer who filed suit against both Schnucks and Boar’s Head.
As a result, Schnucks customers allegedly became concerned about purchasing deli meats due to fears of cross-contamination, leading to a sustained decline in foot traffic and sales from July through early December 2024, even after Boar’s Head resumed supplying products.
The complaint states Schnucks ultimately sought to diversify its premium meat offerings, but Boar’s Head rejected a proposal to allow competing brands to be sold alongside its products and terminated its supply relationship with Schnucks by early December 2024.
The insurers allege that Schnucks incurred losses from lost profits, reduced revenue, increased costs associated with switching vendors and reputational harm.
While Boar’s Head credited Schnucks for the value of recalled products that had to be destroyed, the lawsuit claims the company refused to reimburse Schnucks for broader financial damages tied to the recall and its aftermath.
According to the filing, Schnucks submitted an insurance claim for its losses and the plaintiff insurers paid more than $1.5 million under the terms of their policies.
Schnucks then assigned its rights and claims against Boar’s Head to the insurers, authorizing them to pursue recovery.
The lawsuit asserts claims for breach of implied warranties under Missouri’s Uniform Commercial Code and breach of contract, alleging Boar’s Head warranted that its products were merchantable and fit for human consumption.
The plaintiffs contend the presence of Listeria rendered the products unmerchantable and injurious to health.
They are seeking damages in excess of $25,000, as well as attorneys’ fees, costs, and other relief. They are represented by Marisa L. Saber and Matthew F. Policastro of Cozen O’Connor in Chicago.
U.S. District Court for the Eastern District of Missouri case number: 4:26-cv-00009
