This major supermarket has pie on its face, a new lawsuit claims.
An Albany mother claims she was left “angry” and “betrayed” when the apple pie she thought she was buying from a local ShopRite turned out to be a cherry pie, leading her daughter to get sick when she ate a piece of it, according to a lawsuit filed Tuesday in Albany County Supreme Court.
The supermarket allegedly “misbranded and mislabeled” the pastry as an apple pie that she bought during a trip to the store on April 20, according to legal papers.
For that alleged switcheroo, plaintiff Tiffany Brady wants $35,000 in damages.
Brady, a mother of five, and her family “strongly dislike and have sensitivities and allergies to cherry pie,” the lawsuit claims.
When her 2-year-old daughter took a bite of the pie, she fell ill, the legal action states.
“Occasionally, Plaintiff will give her daughter a treat, like Apple pie,” the lawsuit states. “Much to Plaintiff’s disappointment and dismay, she trusted that the pie in question was apple and fed some to her daughter, who became sick the whole weekend after eating it.
“Plaintiff was guilt-ridden and could not sleep the entire weekend because she fed her family the mislabeled and misbranded pie.”
The pie in question was labeled a “Store Baked Apple Pie” that had a sale-by date of April 23, the lawsuit states.
The lawyer who brought the legal action forward, Jesse Langel, declined comment Wednesday.
The parent company of ShopRite, Wakefern Food Corp. did not immediately offer comment on the lawsuit Wednesday.
If a pie is labeled the wrong flavor, it can cause the consumer to “experience disappointment, dissatisfaction, or a negative eating experience,” the lawsuit argues.
“Aside from her child’s sickness, Plaintiff suffered monetary and non-monetary damages and was caused to feel guilty, helpless, ashamed, angry, betrayed, and stressed,” the lawsuit claims.