On Wednesday, Luke Wesley Pearson, a content creator from Portland, filed a personal injury lawsuit against Daily Harvest in an Oregon court. The complaint states that Pearson was healthy and had no significant health problems prior to consuming the crumbles.
“After consuming the Daily Harvest Lentil Crumbles, plaintiff became violently ill, required hospitalization and endured the surgical removal of his gallbladder,” the complaint states. The suit also alleges Daily Harvest didn’t do enough to warn people about the dangers of its product, and “issued vaguely worded and insufficient warnings to its customers and influencers.”
Carol Ann Ready, a Daily Harvest customer, is also suing the company after she said she also was hospitalized and had her gallbladder removed after consuming the crumbles. The complaint recounts two emergency room visits in May after consuming the product twice. She described her pain as “a 9 or 10 out of 10,” the complaint states.
Ready was eventually diagnosed with liver and gallbladder dysfunction and doctors said the recommended course of action was to remove her gallbladder, according to the complaint. She underwent surgery to have her gallbladder removed on June 24, the court documents state.
In a statement Thursday, Daily Harvest said it does not comment on pending litigation, but stressed the steps it has taken to address “an adverse reaction” to its French Lentil and Leek Crumbles.
“We have reached out multiple times directly to consumers who received the product, instructing them to dispose of it and not eat it. In parallel, we launched an investigation to identify the root cause, working closely with the FDA, multiple independent labs, and a group of experts that includes microbiologists, toxin and pathogen experts as well as allergists,” the company said in a statement. “All pathogen and toxicology results have come back negative so far, but we’re continuing to do extensive testing so we can get to the bottom of this. Everyone who has been affected deserves an answer, and we are committed to making this right. ”
The FDA did not immediately respond to CNN Business’ request for comment Thursday. Last week, the agency said that it couldn’t confirm or deny if an investigation was ongoing that wasn’t already listed on its website. It added, however, that when specific consumer guidance can be developed, the FDA and US Centers for Disease Control and Prevention will publish outbreak advisories communicating that guidance to the public.