The family of Órla Baxendale, a 25-year-old dancer who died in January 2024 after eating a cookie purchased from Stew Leonard's, has filed a wrongful death lawsuit against the grocery chain and the cookie's manufacturer, Cookies United.
The Incident
Baxendale, who had a known severe peanut allergy, suffered anaphylaxis on January 11, 2024, after consuming a Florentine cookie she had bought at a Stew Leonard's location in Connecticut. According to the lawsuit, the packaging did not list peanuts among the ingredients. Baxendale, who carried an epinephrine auto-injector, used it but still succumbed to the allergic reaction after being transported to a hospital.
The Allegations
The wrongful death suit, filed in Connecticut Superior Court, accuses both Stew Leonard's and Cookies United of negligence, product liability, and wrongful death. The central claim: the companies failed to disclose that the Florentine cookies contained peanuts, rendering the product dangerous to consumers with peanut allergies.
Court documents allege that Cookies United, the wholesaler based in Islip, New York, changed the cookie's recipe in 2023 to include peanut butter but did not update the ingredient labels provided to Stew Leonard's. The grocery chain, in turn, sold the cookies under its own private label without verifying the updated allergen information, the lawsuit contends.
Regulatory Response and Recall
The U.S. Food and Drug Administration and the Connecticut Department of Public Health both investigated Baxendale's death. On January 24, 2024, Stew Leonard's issued a voluntary recall of the Vanilla Florentine Cookies sold at its stores in Newington, Danbury, and Norwalk, Connecticut, as well as its Yonkers, New York, location. The FDA classified the recall as Class I, meaning there was a "reasonable probability" that use of the product would cause serious adverse health consequences or death.
A separate recall notice issued by Cookies United on January 26, 2024, stated that the affected cookies were sold exclusively to Stew Leonard's and that the firm had "discovered that the product contained undeclared peanuts and eggs."
Company Statements
Stew Leonard's initially posted a video statement from its founder, Stew Leonard Jr., in which he called Baxendale's death "a tragedy" and said the store had been "told by the manufacturer" that the cookies did not contain peanuts. The video was later removed from social media. In subsequent statements, the company has emphasized that it relied on labeling information provided by Cookies United.
Cookies United has not issued additional public statements beyond its FDA recall notice. Neither company responded to requests for comment on the pending litigation.
Who Was Órla Baxendale?
Baxendale was a British-born dancer who had moved to New York City to pursue her career. She trained at the Alvin Ailey American Dance Theater and had performed in productions across the United States and Europe. Colleagues described her as a disciplined performer with a growing reputation in contemporary dance.
"Órla was extraordinarily talented and had so much ahead of her," said a statement from her family's attorneys at the law firm Marino. "Her death was entirely preventable."
Legal and Industry Context
The lawsuit arrives amid heightened scrutiny of allergen labeling enforcement in the United States. Under the Food Allergen Labeling and Consumer Protection Act (FALCPA), manufacturers must clearly disclose the presence of any of the nine major food allergens—including peanuts—on product packaging. Failure to do so can result in civil liability, FDA enforcement actions, and criminal penalties in cases of willful misconduct.
Food allergies affect approximately 33 million Americans, according to Food Allergy Research & Education, and peanut allergies are among the most common causes of severe, life-threatening reactions. Studies estimate that roughly 200 Americans die annually from food-induced anaphylaxis, though public health advocates say improved labeling and education could reduce that figure.
What Happens Next
The case is expected to proceed through Connecticut's civil court system, with discovery focused on when Cookies United changed the recipe, whether Stew Leonard's was notified, and what quality-control procedures were in place. The family's attorneys have indicated they will also seek depositions from employees at both companies involved in labeling and supplier communications.
Baxendale's family has said any financial recovery will be directed toward raising awareness of food allergy safety and supporting arts education programs in her name.
