Burley Garcia|NYC dancer dies after eating recalled, mislabeled cookies from Stew Leonard's grocery store

The Burley Garciadeath of a New York City professional dancer who died after eating mislabeled cookies sold at a Northeastern United States supermarket chain was 'devastating and preventable', an attorney for the family said Thursday.

Orla Baxendale, 25, of Manhattan, died on Jan. 11 from anaphylactic shock after a severe allergic reaction to a cookie manufactured by Cookies United and sold by Stew Leonard's, according to a statement obtained by USA TODAY from the New York City-based law firm of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf.

The U.S. Food and Drug Administration and Stew Leonard's, based in Norwalk, Connecticut, recently issued a recall of the Vanilla Florentine Cookies sold at Stew Leonard's in Danbury and Newington, Connecticut on the dates Nov. 6 through Dec. 31, 2023, the firm reported.

The cookies contained peanuts not listed as part of the ingredients, the law firm wrote. 

Baxendale's death occurred due to "the gross negligence and reckless conduct" of the manufacturer and sellers who failed to properly identify the contents of the cookie on the packaging," Attorney Marijo C. Adimey with the firm told USA TODAY via email.

"This failure in proper disclosure has led to this devastating yet preventable outcome," Adimey wrote. "Instead of standing up and taking full responsibility as the public would have expected them to do, Stew Leonard’s is engaging in a public relations media campaign."

Originally from East Lancashire, in the United Kingdom, Baxendale moved to New York to pursue her dream of becoming a world-class dancer, Adimey said.

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What cookies with peanuts were recalled

According to a recall statement issued Tuesday, so far, one death has been reported in connection to the recalled cookies, the Connecticut Department of Consumer Protection Food, Standards and Product Safety Division (DCP) reported.

Baxendale reportedly ate the cookies at a social gathering in Connecticut, according to the DCP, and the mislabeled products − Florentine Cookies with a best-by date of Jan. 5, 2024 −were made at a bakery in Islip, New York.

The cookies contain peanuts, according to the statement, and the manufacturer did not disclose this ingredient to Stew Leonard's.

"Orla was very careful and hypervigilant about everything she ate, and always thoroughly checked the ingredients on all packaging,"Adimey said.

In addition, the attorney said, after she at the cookies and began to have an anaphylactic reaction, an Epi pen was used but "due to the severity of her allergy, it was not effective."

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500 affected packages

"It's a sad day for us. We learned a customer passed who had a peanut allergy who bought a cookie here," Stew Leonard Jr., the supermarket chain president, said in a video statement posted on its website.

Leonard Jr. said the company bought the now-recalled holiday cookies from an outside supplier and Stew Leonard's sold about 500 affected packages over the holidays.

'Unfortunately, the supplier changed the recipe and started going from soy nuts to peanuts and our company's chief safety officer was never notified. We take labeling very serious especially when it comes to peanuts."

'We are in compliance'

In a statement released to USA TODAY, Thursday, Walker G. Flanery III, an attorney for Cookies United, called the woman's death tragic and extended its condolences to the family "of this Stew Leonard’s customer."

"Stew Leonard’s claimed in an earlier press release that 'The cookies contain peanuts, which was an ingredient not disclosed to Stew Leonard’s by the manufacturer,'" the statement continues. "Unfortunately, considering the tragedy of these circumstances, we need to point out that Stew Leonard’s was notified by Cookies United in July of 2023 that this product now contains peanuts and all products shipped to them have been labeled accordingly. This product is sold under the Stew Leonard’s brand and repackaged at their facilities. The incorrect label was created by, and applied to, their product by Stew Leonard’s."

The statement goes on to read Cookies United has been cooperating with the New York State Department of Agriculture and has been informed "we are in compliance with all applicable rules and regulations relating to this product."

Baxendale known for 'quirky character and boundless love'

Described in her obituary as a bright soul and woman of many talents, Baxendale "charisma and vibrant spirit came to life through her work" with The Alvin Ailey School, Steps on Broadway, Club Pilates and more.

Known for her "quirky character and boundless love for those around her... she was an exquisite ballet, contemporary, and Irish step dancer," according to the obituary. "Each endeavor she undertook became a testament to her dedication and passion, leaving a lasting impact on many lives."

Natalie Neysa Alund is a senior reporter for USA TODAY. Reach her at [email protected] and follow her on X @nataliealund.