The Listeria ice cream lawsuit has become one of the most discussed topics in recent years as more ice cream brands across the United States face recalls due to potential contamination with Listeria monocytogenes. From popular national brands to smaller niche producers, several companies have been investigated or sued for failing to ensure their products were safe for consumption. The kosher ice cream recall and similar lawsuits have brought attention to how food manufacturers handle contamination risks, what legal responsibilities they have, and how consumers can seek justice when affected.
This article explains what happened in major Listeria-related cases, why these lawsuits are important, and what consumers should know about product recalls and their rights.
What Is Listeria Contamination?
Listeria monocytogenes is a harmful bacterium that can contaminate food products, including ice cream, milk, cheese, and ready-to-eat items. Unlike many bacteria, Listeria can grow even in cold environments like refrigerators and freezers. This makes it especially dangerous for frozen desserts.
Consuming food contaminated with Listeria can cause a serious infection called listeriosis. Symptoms may include fever, nausea, muscle aches, and diarrhea. In severe cases, the infection can lead to meningitis, sepsis, or even death. Pregnant women, newborns, the elderly, and people with weakened immune systems are at higher risk.
Because of these risks, any company producing food for public consumption is legally required to follow strict safety standards and disclose possible contamination to consumers immediately. Failure to do so often results in recalls and lawsuits.
Totally Cool Inc. and the 2024 Listeria Ice Cream Lawsuit
One of the most recent and widely covered cases is the Totally Cool Inc. listeria ice cream lawsuit filed in 2024. Totally Cool Inc., a Maryland-based manufacturer, produces ice cream for multiple well-known brands, including Friendly’s, Hershey’s, Jeni’s, Chipwich, Cumberland Farms, and others.
In June 2024, the company announced a massive recall of more than 60 ice cream and sorbet products after the FDA found traces of Listeria monocytogenes in samples. Although no illnesses were reported at the time, consumer concern spread quickly.
Soon after, a class action lawsuit was filed in New York federal court by plaintiff Leslie Price. The lawsuit accused the company of failing to warn consumers about the potential contamination and misleadingly labeling products as safe.
The case also criticized the company’s refund process, claiming that the recall required customers to return the products to the store of purchase for reimbursement — an impractical solution since most consumers would have already thrown away the ice cream once they learned about the contamination risk.
This lawsuit highlights how even without direct injury, consumers can take legal action for economic harm and deceptive business practices.
Real Kosher Ice Cream Recall and Lawsuit
The kosher ice cream recall gained national attention in 2023 after Real Kosher Ice Cream issued a recall for certain soft serve and sorbet cups due to potential Listeria contamination.
The recall was announced on August 9, 2023, and within days, a New York resident named Chaya Gurkov filed a class action lawsuit (Gurkov v. Real Kosher Ice Cream Inc.) in federal court. Gurkov did not claim physical injury but sought compensation for economic damages — arguing that the company misled consumers by selling products without warning them of contamination risks.
The complaint alleged that Real Kosher Ice Cream deceptively labeled and marketed its products as safe while failing to disclose potential Listeria contamination. The lawsuit cited violations of New York’s General Business Law and claimed false advertising, breach of warranty, and negligence per se.
This Listeria ice cream lawsuit became a major example of how consumers are increasingly turning to class actions to hold companies accountable for misleading labeling and inadequate recalls — even when no illnesses occur.
Blue Bell Creameries and Criminal Charges
The most famous listeria ice cream lawsuit remains the one involving Blue Bell Creameries, which faced a severe outbreak in 2015. The company recalled all its ice cream products after Listeria monocytogenes was found in several samples. The outbreak caused 10 illnesses and three deaths across four states.
The legal and financial consequences were historic. In 2020, Blue Bell Creameries agreed to pay over $19 million in criminal fines, civil settlements, and penalties — the largest criminal penalty ever imposed on a U.S. ice cream company for food safety violations.
The company pleaded guilty to two misdemeanor counts of distributing adulterated products. In addition, Blue Bell’s former president, Paul Kruse, faced criminal charges for allegedly covering up contamination reports. His case ended in a mistrial and later a misdemeanor plea deal.
The Blue Bell case serves as a warning to all food manufacturers: concealing safety issues can lead to both civil and criminal liability.
Big Olaf Creamery Outbreak and Lawsuits
In 2022, Big Olaf Creamery, a Florida-based ice cream producer, was linked to a multistate outbreak of Listeria infections. According to the Centers for Disease Control and Prevention (CDC), 28 people became ill, and one person died.
Multiple lawsuits were filed against Big Olaf Creamery by victims and their families. The company reached settlements with most plaintiffs by the end of 2022. Although settlement amounts were not disclosed publicly, this case reinforced the seriousness of failing to prevent contamination in dairy facilities.
Rich’s Ice Cream Co. Recall (2025)
In July 2025, Rich’s Ice Cream Co. recalled over 110,000 cases of ice cream bars due to potential Listeria contamination. The FDA classified the recall as a Class II recall, meaning the exposure might cause temporary or medically reversible health issues.
At the time of the recall, no major illnesses had been reported, but investigations were ongoing. While lawsuits related to Rich’s recall are still in early stages, the case again underscores how quickly Listeria ice cream lawsuits arise once potential contamination is discovered.
Why Listeria Ice Cream Lawsuits Matter
Every listeria ice cream lawsuit sends an important message about public safety, consumer trust, and corporate responsibility. These cases often center around three main questions:
- What did the company know and when?
Plaintiffs often claim that manufacturers knew or should have known about contamination risks but failed to act quickly. - How did the company respond?
The effectiveness and timing of a recall are often key issues in court. Inadequate recall notices or refund systems can be viewed as negligent or deceptive. - What harm did consumers suffer?
While many lawsuits seek compensation for personal injury, others focus on economic losses from purchasing unsafe or recalled products.
Economic Loss vs. Personal Injury Claims
Many recent cases, including the kosher ice cream recall, involve consumers who did not suffer physical harm but argue they overpaid for unsafe products. These lawsuits are typically filed as class actions, representing large groups of consumers.
On the other hand, when people develop listeriosis or other health problems from contaminated food, their cases are usually filed as individual lawsuits. This allows the court to assess medical bills, lost income, and pain and suffering on a case-by-case basis.
Both types of lawsuits serve a common purpose — to hold companies accountable for selling products that fail to meet safety standards.
Corporate Accountability and Legal Consequences
Food manufacturers facing listeria ice cream lawsuits often deal with more than just financial settlements. Many also face government investigations and criminal penalties.
For instance, the Department of Justice fined Blue Bell Creameries millions of dollars for distributing adulterated products. Similarly, the FDA continues to work closely with companies like Totally Cool and Rich’s Ice Cream to ensure compliance with federal safety regulations.
Companies are also expected to improve internal testing, sanitation, and transparency. Failure to do so can lead to further lawsuits, loss of consumer trust, and even bankruptcy — as seen in the case of Totally Cool Inc., which ceased operations after its massive recall.
Lessons From Recent Listeria Ice Cream Lawsuits
The rise in listeria ice cream lawsuits teaches several lessons for both companies and consumers:
- Food safety monitoring is critical. Manufacturers must regularly test their production facilities to detect contamination early.
- Transparency matters. Quick, honest communication during recalls helps reduce harm and legal exposure.
- Recordkeeping is essential. Consumers should keep receipts for recalled food items to claim refunds or compensation.
- Legal action can promote change. Class actions and individual lawsuits push companies to adopt better safety practices and prevent future outbreaks.
Conclusion
The wave of listeria ice cream lawsuits, from the kosher ice cream recall to the Blue Bell and Totally Cool cases, underscores a growing demand for accountability in the food industry. Contaminated products not only risk public health but also damage consumer confidence and brand reputation.
For consumers, these lawsuits highlight the importance of staying informed about recalls, checking FDA announcements, and understanding their legal rights when purchasing recalled or unsafe products.
For manufacturers, they serve as a powerful reminder: food safety is not optional — it’s a legal and ethical obligation.