Boar's Head listeria outbreak declared officially over as company settles class action suit

The deadly multi-state listeria outbreak attributed to Boar's Head deli meat has officially been declared "over" by the U.S. Centers for Disease Control (CDC).

The agency issued its final update on the case on Thursday, saying a total of 61 people across 19 states became ill in the outbreak, resulting in 60 hospitalizations and 10 deaths, though it is likely the actual number of sicknesses was higher.

According to the CDC, all of the products that were part of the outbreak are now past their shelf life, meaning they are unlikely to still be in consumers' fridges, and listeria outbreaks are generally considered "over" 60 days after the last reported illness.

While the outbreak is technically over, the USDA investigation into the agency's handling of the situation, systematic reviews at all Boar's Head facilities across the U.S., and several lawsuits are still underway. One lawsuit, a class action filed in August, was reported to the court as having been settled on Nov. 15.

USA TODAY reached out to the CDC for comment.

Boar's Head listeria outbreak timeline: When it started, deaths, lawsuits, factory closure

Boar's Head listeria outbreak killed 10

The deadly outbreak was first reported on July 19 by the CDC and was followed on July 26 by a recall of roughly 7.2 million pounds of product by Boar's Head, including all of its liverwurst.

On July 30, Boar's Head expanded its recall to all products made at its Jarratt, Virginia plant where the contaminated liverwurst came from. The expanded recall added 7 million pounds of meat and poultry, bringing the recall total to 7.2 million.

The USDA and Boar's Head came under fire on Aug. 29, when USA TODAY and several other news sources obtained copies of inspection reports filed between 2023 and 2024 through a Freedom of Information Act request.

The records showed 69 reports of "noncompliance" at the Jarratt, Virginia plant, including reports of insects live and dead black and green mold, as well as mildew, dripping and standing water and other unsanitary conditions within the plant in the weeks leading up to the July recall.

Later, more FSIS records were released dating back to January 2022 including reports of leaks and condensation dripping over areas with product, "sludge," "black smudges," "slimy" materials and other residues found on machines and in several rooms across the facility, "putrid," "off" odors, "thick and flaking rust" in several locations including above production lines, and dirt, screws and trash were seen strewn on the floor of production areas.

On Sept. 13, Boar's Head announced the permanent closure of the plant, putting about 500 people out of work, and the discontinuation of its liverwurst products.

Sen. Richard Blumenthal, D-Conn later confirmed in an Oct. 15 press release that UDSA Inspector General Phyllis Fong is opening an investigation into how the agency handled the reports of "noncompliances" filed by inspectors with the USDA's Food Safety and Inspection Service (FSIS) in the months prior to the listeria outbreak.

Boar's Head reaches settlement in class action suit

A class action lawsuit against Boar’s Head Provisions, Co. Inc. was filed in the U.S. District Court for the Eastern District of New York on Aug. 1, accusing the company of “improperly, deceptively, and misleadingly labeled and marketed its products,” by failing the full extent of possible contamination by Listeria monocytogenes.

The plaintiff, Rita Torres, alleged that she and other “reasonable customers” would not have purchased Boar's Head liverwurst and other products had the company properly warned consumers about possible bacterial contamination. The suit called the initial July 26 recall insufficient and “deliberately designed to preclude the vast majority of customers from receiving a recall.”

According to new documents filed on Nov. 15, the attorneys representing consumers in this and four other related cases wrote to the court saying that a settlement had been reached between Boar's Head and the complaining parties. The terms of the settlement were not yet disclosed, as the parties requested 60 days to finalize the details.

Several wrongful death lawsuits are still pending against the company, including one on behalf of the family of a Holocaust survivor who died after eating contaminated liverwurst.

USA TODAY reached out to Boar's Head and the attorney representing the complaining parties for comment.

Is Boar's Head deli meat safe to eat: What experts say amid listeria outbreak

Is Boar's Head safe to eat?

As previously reported by USA TODAY, experts have some split opinions on the safety of Boar's Head products following the outbreak.

"I think the whole scenario has broken the trust of the consumer," Food scientist and food industry consultant Dr. Bryan Quoc Le previously told USA TODAY. "As a personal consumer and someone that is in this industry, I would probably tell my family members don't eat Boar's Head for at least six months, if not a year."

Martin Bucknavage, senior food safety extension associate at Penn State Department of Food Science, on the other hand, said now is "probably the safest time to buy Boar’s Head."

"For one, they shut the troubled facility down. Two, a company that has experienced an issue like this should be on high alert, checking and double checking their systems to ensure safe product, and the USDA is definitely on high alert, ensuring that Boar’s Head product being produced is safe," he told USA TODAY.

This article originally appeared on USA TODAY: Boar's Head listeria outbreak over, class action settlement reached