New York Personal Injury Attorneys BlogUnderstanding the Tragedy of Órla Baxendale and the Allergen Labeling Failures Behind It
When a family loses a daughter to a preventable tragedy, accountability is not optional. It is essential. At Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, our attorneys are representing the family of Órla Baxendale, a 25-year-old dancer whose life was cut short by a mislabeled cookie that was packaged and sold by Stew Leonard’s. The substitute complaint we filed on October 16, 2025, details systemic failures in the grocery chain’s allergen disclosure and product labelingprocedures — procedures that the complaint describes as “broken, unreliable, inherently dangerous, undependable, untrustworthy, erratic, and deplorable.”
Órla had severe allergies to peanuts. On January 11, 2024, she ate a Vanilla Florentine cookie that was purchased from a Stew Leonard’s store in Connecticut. The cookies’ label did not list peanuts as one of its ingredients. Specifically, the cookies’ “contains” statement did not list peanuts. But the cookies contained peanuts — and Órla suffered a fatal anaphylactic reaction as a result of eating one.
Our substitute complaint outlines how this mislabeling was not an isolated mistake. Instead, it reflects systemic shortfalls in the grocer’s allergen-control and labeling systems.
A Pattern of Recalls and Mislabeling
Following Órla’s death, both state and federal investigations uncovered an unsettling pattern at Stew Leonard’s:
- On January 25, 2024, the Vanilla Florentine Cookie that Orla ate, along with its Chocolate Florentine counterpart, were recalled for failing to disclose that the cookies contained peanuts and eggs, each of which are known allergens
- On January 27, 2024, Rainbow Cookies were recalled because they were mislabeled
- In February 2024, chicken salad and sliced chicken producted werre recalled because they “may contain undeclared milk”
- In March 2024, apple pie products were recalled because they “may contain undeclared milk” or “may contain undeclared eggs”
- In October 2024, Banana Chocolate Chunk Bread was recalled because its label failed to disclose that the bread contained walnuts
A January 2024 recall of Florentine cookies — the same type Órla consumed — prompted an FDA investigation and a subsequent issuance of a warning letter describing “significant violations of the Federal Food, Drug, and Cosmetic Act.”
These events demonstrate that Stew Leonard’s labeling problems were not isolated mistakes — they were evidence of systemic failures that went unaddressed until it was too late.
“Órla’s death was entirely preventable, and the evidence shows that these labeling failures were not a single oversight but part of a systemic breakdown,” says partner Howard Hershenhorn, who leads the litigation on behalf of the Baxendale family. “When a company repeatedly ignores clear safety standards, the consequences are catastrophic. Our goal is to make sure no other family suffers the way this family has.”
What the Lawsuit Alleges
Our substitute complaint incorporates extensive findings from state and federal agencies, and asserts:
- Product liability claims against Stew Leonard’s and its CEO Stew Leonard Jr. and Cookies United under the Connecticut Product Liability Act
- Wrongful death claims against individual employees involved in allergen-related communications
- A separate wrongful death count against CEO Stew Leonard Jr., emphasizing his global responsibility for operational safety.
- Claims seeking punitive damages, which the court refused to strike — an important step toward accountability.
As partner Howard Hershenhorn emphasized, punitive damages require a high evidentiary threshold in Connecticut. The court’s decision to allow them to proceed signals the seriousness of the allegations.
The Email Controversy: Who Knew What, and When?
A key point of dispute is whether Stew Leonard’s was properly notified of the ingredient change:
Cookies United stated it emailed Stew Leonard’s employees in July 2023 informing them that their Vanilla and Chocolate Florentine Cookie recipes now included peanuts.
After the tragedy, Stew Leonard Jr. publicly claimed that the company received no such update.
This conflict — central to the case — raises critical questions about oversight and communication within the chain’s allergen-control systems.
A Family Determined to Prevent Another Tragedy
Órla Baxendale moved from England to New York City in 2018 to pursue her dreams. A gifted dancer with The Ailey School and later Momix, she was performing in Alice at the time of her death. Her parents and siblings have shown extraordinary courage in the pursuit of justice — not simply for themselves, but to ensure that no other family endures such a preventable loss.
As this lawsuit continues, our commitment remains firm: to uncover the truth, pursue full accountability, and demand the changes needed to protect consumers with food allergies nationwide.
“This case is about accountability and public safety,” Hershenhorn adds. “Stew Leonard’s has spent more than a year trying to evade responsibility. We’re not going anywhere, and we will not stop until the full truth is exposed and systemic safeguards are finally put in place.”
