Dancer with ‘vibrant spirit’ dies from cookie containing unlabeled peanuts, lawyers say

A law firm in New York is preparing for legal action after it said a 25-year-old woman died from eating a cookie with undisclosed peanuts in it.

The Florentine cookie, distributed to two stores from the small Northeast grocery chain Stew Leonard’s, contained peanuts that weren’t listed on the product label, according to a Jan. 23 Connecticut Department of Consumer Protection (DCP) news release.

One death was reportedly attributed to the mislabeling, officials said. That person was later identified by a New York law firm as 25-year-old dancer Órla Baxendale.

Baxendale was born in the United Kingdom but moved to New York City to attend The Ailey School to further study dance in 2018, according to the school’s tribute. She worked in the fine arts until her sudden death Jan. 11, according to her obituary.

Baxendale was the “embodiment of enthusiasm, strength, and beauty” while also being well-known for her “quirky character and boundless love,” according to her obituary.

Her lasting legacy is “one of magic and artistry,” her obituary said.

“Órla made the most of her time with us on this earth, living each day as a celebration,” her obituary said, recalling her “infectious zest for life.”

While at a social gathering in Connecticut, Baxendale ate a Florentine cookie from Stew Leonard’s, officials said. Then, she died from anaphylactic shock caused by her allergic reaction to the cookie, according to a statement from Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf law firm.

The firm identified itself as Baxendale’s legal representation in the statement.

“Órla’s vibrant spirit and her relentless pursuit of excellence in her art have left an indelible mark on all who knew her,” the law firm said in its statement.

The attorneys attributed her death to “gross negligence” either by the manufacturer or the seller. The incorrect labeling led to a “devastating yet preventable outcome,” the firm said.

“Based upon the outrageous conduct of (Stew Leonard’s) in failing to list peanuts, which Orla was horribly allergic to, in the cookie ingredients, we are certainly going to commence legal action!” attorney Howard S. Hershenhorn told McClatchy News in an email.

The company announced its recall two weeks after her death, targeting the vanilla and chocolate Florentine cookies sold in Danbury and Newington from Nov. 6 to Dec. 31, according to a Jan. 25 Stew Leonard’s statement.

The Florentine cookies were supplied to Stew Leonard’s by Cookies United, a wholesale bakery in Islip, New York, according to the DCP. All bakery products made by the wholesaler were removed from all Stew Leonard’s locations in Connecticut, officials said.

The DCP warned anyone with a nut allergy to get rid of the cookies.

“Correct labeling so that people who have food allergies can appropriately protect themselves is of utmost importance,” Connecticut Department of Public Health Commissioner Manisha Juthani said in the release. “I am devastated to learn of this incident and will work with partners to ensure that we can protect people with food allergies.”

The news of Baxendale’s passing was “very sad,” Stew Leonard Jr., the grocery chain’s CEO, said in a Jan. 24 video statement.

About 500 packages of Florentine cookies were sold over the holiday season, he said.

The reason for the unlabeled peanuts was due to Cookies United changing its Florentine cookie recipe from soy nuts to peanuts, Leonard said. Stew Leonard’s was never notified of the change, he said.

The wholesaler responded to Leonard’s claim in a news release, saying Cookies United contacted the grocery chain in July 2023 about the ingredient alteration. Instead, the incorrect label was created and placed on packages by Stew Leonard’s, according to Cookies United.

Stew Leonard’s is working with state health officials to determine the extent of the mislabeling, the DCP said.

Danbury is about 70 miles northeast of New York City. Newington is about 50 miles northeast of Danbury.

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