Daily Harvest Sued After Customers Say They Lose Gallbladders Consuming Food: Lawsuit

NEW YORK — A Portland influencer needed his gallbladder removed after eating since-recalled lentil crumbles from Daily Harvest, a meal prep company based in New York, according to media and federal reports.

Luke Wesley Pearson said he is pursuing court action against Daily Harvest after eating French Lentils + Leek Crumbles, a product linked to illnesses across the nation by the Food and Drug Administration, according to legal documents, recall notices and reports.

"I had extreme stomach and gastro issues immediately following eating them," Pearson said.

A week later, Pearson said he ate the products again the night before a flight to Mexico.

"Worsening symptoms and everything went downhill from there shortly after eating," added Pearson. "My life is forever changed by this and I do not think that this is a coincidence, and Daily Harvest needs to be held accountable.”

As of Thursday, 133 people have reported adverse sicknesses stemming from the lentil products distributed by Daily Harvest, which is headquartered in Manhattan, according to a Food and Drug Administration report.

An Oklahoma woman said she also needed to have a damaged gallbladder taken out after consuming the Daily Harvest product, according to the lawsuit filed in a New York federal court this week.

Customers who fell sick hail from New York, New Jersey, Connecticut and 21 other states across the U.S., health regulators said.

Forty-two people have been hospitalized as of Thursday, the FDA added.

Daily Harvest told NBC it does not comment on pending or potential litigation, but reported on its website the company received about 470 reports of illnesses or adverse reactions, prompting a voluntary recall on June 23.

"I am sorry that it’s taking as long as it is to pinpoint exactly what may have made people sick," founder and CEO Rachel Drori said in a message dated July 1. "We are deeply committed to finding answers for those impacted."

About 28,000 units of the recalled product were distributed to consumers between April 28 to June 17, and the vast majority were healthy women ages 25 to 45, according to the FDA.

The FDA is inspecting the product and collected samples to determine the cause of the illnesses and is investigating the illnesses, along with the U.S. Centers for Disease Control and Prevention and other state and local agencies.

"If you experience symptoms including yellowing of the skin and eyes (jaundice), dark urine, itching with no rash, gastrointestinal illness, nausea, fatigue, body aches, severe abdominal pain and/or fever after consuming this product, please consult with your healthcare provider," the FDA said.

"Let your healthcare provider know you have recently consumed the recalled Daily Harvest French Lentil & Leek Crumbles," the FDA urged Americans.

Daily Harvest said it launched the recall immediately after receiving illness reports and repeatedly reached out to customers who bought the crumble product, but on Friday the company did relay in a blog post that it has been conducting exhaustive tests over the last two weeks.

The company said it has ruled out Hepatitis A, Norovirus, mycotoxins, food-borne pathogens and major allergens such as egg, soy, milk, and gluten.

"I assure you, we will not stop until we get to the bottom of this," Drori added. "We’re continuing to work in close cooperation with the FDA, CDC and other health agencies."