Stew Leonard's CEO, Staff Shielded From Personal Lawsuits in Dancer's Cookie Death Case

A judge has ruled that Stew Leonard’s CEO, Stew Leonard Jr., and other employees of the grocery chain cannot be personally sued in connection with the death of Orla Baxendale, a New York City-based professional dancer who died after consuming a mislabeled cookie.

Waterbury Superior Court Judge Kimberly Massicotte's Oct. 15 decision determined that claims against individuals under the Connecticut Product Liability Act (CPLA) would not proceed. However, product liability claims are still active against Stew Leonard’s Holdings LLC, Stew Leonard’s Danbury LLC, and Cookies United, the Long Island-based wholesaler that manufactured the cookie.

Baxendale, 25, died from anaphylactic shock on January 11, 2024, after eating a vanilla Florentine cookie from a box branded with the Stew Leonard’s name. The cookie was found to contain peanuts, to which Baxendale had a severe allergy. An EpiPen was administered, but it proved ineffective due to the severity of her reaction.

An investigation into the incident revealed that the cookie's packaging failed to list peanuts as an ingredient. Baxendale, originally from Manchester, England, had moved to New York in 2018 to train at The Ailey School and had performed in various professional productions.

Following Baxendale's death, her estate and family initiated a wrongful death lawsuit, alleging negligence by the defendants for failing to properly label the product. Stew Leonard's has asserted that Cookies United substituted soy nuts for peanuts in the recipe without notifying the grocery chain's chief safety officer. Conversely, Cookies United has stated that it informed Stew Leonard's employees of the ingredient change in July 2023, including that peanuts had been added.

Baxendale's estate contended that Stew Leonard's employees did not act on these notifications, leading to peanuts being omitted from the label.

This ruling follows a previous dismissal of claims against individual Stew Leonard’s executives and employees on September 16, 2025. Baxendale's attorneys subsequently amended the lawsuit under the CPLA, reasserting claims against the corporate entities and individual employees, including Stew Leonard Jr.

Despite the judge's decision to shield individual employees, Baxendale's estate attorney, Howard Hershenhorn, stated that the legal action would continue to hold Stew Leonard's accountable for its conduct. Hershenhorn criticized the company for lacking adequate systems to ensure accurate ingredient labeling and for allegedly delaying the legal process.

Since Baxendale's death gained national attention, Hershenhorn's firm has reportedly been contacted by other Stew Leonard's customers alleging similar labeling issues. As part of a settlement with the state, Stew Leonard's has paid $50,000 to Connecticut's Department of Consumer Protection and contributed $200,000 to a food allergy and anaphylaxis nonprofit.

The trial in Waterbury Superior Court is currently scheduled for May 2027.