Store’s mislabeled cherry pie made girl sick, suit says. Now mom’s suing for $35,000
A woman thought she bought an apple pie before feeding it to her 2-year-old daughter — but it was a cherry pie, according to a lawsuit.
The grocery store pie was mislabeled, and the woman would’ve never purchased it for $7.49 on April 20 from a ShopRite in Albany, New York, if she knew it had cherries, a summons with notice filed May 23 in Albany County Supreme Court shows.
After Tiffany Brady fed her toddler a piece of pie as a treat, it sickened the girl for an entire weekend, according to the summons.
She assumed she could trust the pie’s “apple” labeling and was “caused to feel guilty, helpless, ashamed, angry, betrayed, and stressed” instead, the summons says.
Now, Brady is suing ShopRite and Wakefern Food Corp., which owns the ShopRite brand, for $35,000.
According to Brady, she and her family, including her toddler, have cherry pie allergies and sensitivities, according to the summons.
Brady “was guilt-ridden and could not sleep the entire weekend because she fed her family the mislabeled and misbranded pie,” the summons says.
McClatchy News contacted ShopRite and Wakefern Food Corp. on May 25 and didn’t immediately receive a response.
ShopRite labeled the apple pie as cherry pie for unknown reasons, according to the summons, but should’ve been aware of the possibility that customers may have cherry sensitivities, the summons says.
Symptoms of a food allergy can be mild or severe, according to the Mayo Clinic. Some general signs include digestive issues, hives, or anaphylaxis, which is life-threatening.
Brady is suing to recover damages and injunctive relief, according to the summons.
The lawsuit accuses ShopRite of common law fraud and negligence.
New York City debt defense and false advertising attorney Jesse Langel, of the Langel Firm, is representing Brady.
He told McClatchy News in a statement on May 25 that the lawsuit is mostly a consumer-safety case.
A complaint will soon be filed with the accusations included in the summons, according to Langel.
This story was originally published May 25, 2023 at 4:55 PM with the headline "Store’s mislabeled cherry pie made girl sick, suit says. Now mom’s suing for $35,000."
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