A Washington family is suing Safeway and its parent company, Albertsons, claiming that a mislabeled cookie caused the death of 78-year-old Margaret Jean “Peggy” Bryant, which they say exposes serious failures in food safety protocols.

On April 7, 2023, Bryant, 78, purchased what she believed was an oatmeal raisin cookie from a Safeway store in Duvall, WA. According to court documents filed this month, the cookie was a peanut butter cookie mislabeled by the store’s bakery staff, containing an allergen to which Bryant was severely allergic. After one bite, she felt unwell, collapsed in her bathroom, and was found unresponsive by her husband, Dennis Bryant, according to the lawsuit. Despite emergency efforts, she went into cardiac arrest and died within an hour, the court documents state.

“My mom loved oatmeal raisin cookies,” said Lisa Bishop, Bryant’s daughter, in an interview with KING-TV. “She realized that the cookie she was eating was actually a peanut butter cookie, and she’s deathly allergic to nuts, peanuts.” 

An autopsy by the King County Coroner confirmed Bryant’s death as an “accident” caused by food-induced anaphylaxis and peanut toxicity. Her son-in-law, Greg Bishop, told KING-TV that the coroner reported her blood vessels had “basically broken down” due to the severe allergic reaction.

Family seeks accountability
The lawsuit, filed this month, seeks $9.5 million in damages from Safeway and Albertsons Companies, alleging gross negligence.

“Obviously, no amount of money can compensate for this loss,” stated a letter from the family’s lawyers, as cited in court documents, describing Bryant as “an active, healthy, warm, vibrant, loving woman with a bright smile.” The lawsuit further asserts, “The evidence clearly demonstrates that a deadly cookie mislabeled and sold by (Safeway) killed Margaret Jean Bryant, who had a loving family that truly adored her.”

“The last few minutes of my mom’s life were tragic and awful and painful,” Lisa Bishop told KING-TV, adding that her mother “was always filled with joy and fun.”

Peggy and Dennis Bryant, described as childhood sweethearts in court documents, were just months away from celebrating their 60th wedding anniversary, according to KING-TV. The lawsuit alleges Bryant endured “unimaginable pain and suffering” before her death.

Following the incident, the Washington State Department of Health inspected the implicated Safeway store, prompting a voluntary recall of 18-count oatmeal raisin cookies sold between April 5 and April 17, 2023, because of “undeclared peanut and soy allergens,” according to a Food and Drug Administration notice. Albertsons confirmed to KING-TV that a package labeled as oatmeal raisin contained peanut butter cookies, affecting only the Duvall store.

Albertsons issued a statement reported by multiple outlets, including KING-TV: “Our hearts go out to the Bryant family and loved ones, and our thoughts remain with them.”

ongoing labeling concerns
Bryant’s case mirrors that of Órla Baxendale, a 25-year-old dancer who died in January 2024 after eating a mislabeled cookie from a Stew Leonard’s supermarket — another incident that spurred a wrongful death lawsuit and highlighted labeling lapses. 

According to Food Allergy Research & Education (FARE), approximately 1 in 13 children and 1 in 36 adults in the U.S. have potentially life-threatening food allergies, based on 2023 data.

The Food Allergen Labeling and Consumer Protection Act of 2004 mandates clear allergen labeling, yet errors persist. The FDA reported increased scrutiny of labeling errors in 2024.