Boars Head’s food safety and quality promises are nothing more than “commercial puffery”

So says its lawyers.

Puffery or promises?

The lawyers for Boar’s Head have moved to dismiss certain claims brought against their client on behalf of a family whose mother died from Listeria – tainted Boars Head Liverwurst.  

As its lawyers say:

“Plaintiff has brought a negligence per se claim based on Virginia Code § 3.2-5126, which imposes a Class 1 misdemeanor for certain food violations. Plaintiff’s claims based on the subparts dealing with advertisements and guaranties should be dismissed because the Marketing Statements are nothing more than commercial puffery.”

These are the statements in our complaint against Boars Head:

Despite knowing of its egregious plant conditions and substandard manufacturing, processing, and packaging practices, Defendant falsely promised the following:

• “Our products are of unquestionable quality, without compromise, using only the best natural ingredients and nothing else.”

• “With Boar’s Head, you can trust each and every one of our products was prepared with the utmost care.”

• That Boar’s Head is “the brand consumers can count on for the highest quality delicatessen products in America.”

• Boar’s Head has “a passion to deliver on our promise for freshness and quality.”

• “At Boar’s Head, we are committed to providing the highest quality delicatessen products. Nothing less.”

• “[W]e are relentless about quality. If a product doesn’t live up to our exacting standards, it doesn’t carry the Boar’s Head name. Simple as that.”

• “That’s why Boar’s Head has been the deli brand you can trust for over 115 years.”

• That consumers deserved “better quality . . . than what was [otherwise] available.”

• “Our standards for quality have never wavered.”

• We “only use the finest ingredients.”

• “Commitments like these have made us a leader in our industry and have made Boar’s Head the brand in which consumers continue to place their trust.”

• “Since 1905, our standards of quality have never wavered.”

• “Our mission is to continue to be recognized as the leading provider of exceptional customer service and superior quality delicatessen products.”

• “HIGHER STANDARDS FOR PREMIUM FOODS”

• Defendant also advertised certifications and partnerships with the American Heart Association, indicating that its products are “heart healthy,” and the Feingold Association, a non-profit that “spreads awareness of the role of foods and synthetic additives in behavior, learning, and health.”

• We are proud to work with the American Heart Association® in its Food Certification Program and others.

• Defendant also made express promises to Sprouts Farmers Market and other retailers that its products were safe for human consumption, free of all adulterants, and made with the highest standards of quality and wholesomeness.

Additionally, Boar’s Head sought to bolster its image through certifications and partnerships with respected organizations, such as the American Heart Association, promoting its products as “heart healthy,” and the Feingold Association, which works to raise awareness of the impact of food additives on behavior, learning, and health.

Boar’s Head also made explicit promises to certain retailers, assuring them that its products were safe for human consumption, free of all adulterants, and produced to the highest standards of quality and wholesomeness.

Despite these claims, the company’s internal conditions and practices directly contradicted their public assertions, ultimately compromising both the safety and integrity of the products they marketed.

Puffery or promises?

Here are the filed pleadings:

https://www.marlerblog.com/files/2025/01/6-Amended-Complaint-Klabunde.pdf

https://www.marlerblog.com/files/2025/01/8-D-Boars-Head-MTD-Klabunde.pdf

Republished with permission from Bill Marler and Marler Clark. Copyright (c) Marler Clark LLP, PS. All rights reserved.

Source: https://www.marlerblog.com/case-news/boars-heads-food-safety-and-quality-promises-are-nothing-more-than-commercial-puffery/