Buyers of Live it Up Super Greens sued Superfoods, Inc. in federal court. The Adkins complaint alleges the company did not disclose possible Salmonella contamination and marketed the powder misleadingly. These are allegations, and no court has ruled on them.
Court records list seven federal cases. Six are in New York’s Southern District and one is in federal court in Illinois. Two of the New York cases, both proposed class actions, have been consolidated for pre-trial purposes.
The FDA linked the illnesses to recalled supplements made with moringa leaf powder. Separate recalls also covered Member’s Mark and Food To Live powders.
- Case or litigation name: Ciccone v. Superfoods, Inc. and related Live it Up Super Greens Salmonella cases
- Defendants: Superfoods, Inc. d/b/a Live It Up; one later case (Rotherham) also names Aviva Natural Supplements, LLC and Trafa Pharmaceutical, Inc.
- Court and docket number, when available: S.D.N.Y. lead case No. 1:26-cv-00537, plus six related federal dockets
- MDL number, judge, and case count, when an MDL exists: No MDL
- Filing date: January 20, 2026 (first of seven federal cases); lead case filed January 21, 2026
- Main allegations: The Adkins complaint alleges the company failed to disclose possible Salmonella contamination and marketed the products misleadingly, with warranty and product-liability claims. These are allegations, not court findings
- Products or people involved: Buyers of recalled Live it Up Super Greens (expiration dates 08/2026 to 01/2028)
Table Of Contents
- Latest Super Greens Lawsuit Updates
- September 3, 2026: Court Enters Orders in Pugh, Rusich, and Sampieto
- August 17, 2026: Docket Lists Stay Lifted and Scheduling Order
- July 23, 2026: Rotherham Case Filed Against Superfoods and Two Other Companies
- July 22, 2026: FDA and CDC Report Final Outbreak Counts
- May 27, 2026: FDA and CDC Reopen the Outbreak Investigation
- May 20, 2026: Judge Consolidates Ciccone and Adkins for Pre-Trial Purposes
- March 17, 2026: FDA and CDC Close the First Outbreak Investigation
- March 14, 2026: Sampieto and Rusich Filed in Southern District of New York
- February 2, 2026: Adkins Class Action Filed in Southern District of New York
- January 21, 2026: Cicero, Ciccone, and Pugh Filed
- January 15, 2026: Company Recalls All Super Greens Powder
- December 4, 2025: CDC Declares the October 2025 Outbreak Over
- November 12, 2025: Brooklyn Company Recalls Organic Moringa Products
- October 31, 2025: FDA and CDC Announce Outbreak Tied to Moringa Leaf Powder
- What Is Salmonella?
- Who May Be Affected?
- Reported Injuries or Damages
- Recall and Regulatory Background
- Evidence to Preserve
- Filing Deadlines
- Frequently Asked Questions
- Is There a Class Action Lawsuit over Super Greens Powder?
- Can I Join a Super Greens Recall Lawsuit If I Got Sick?
- How Did Salmonella Get into the Super Greens Powders?
- What Are the Symptoms of Salmonella from Super Greens?
- What Does the Research Say About the Super Greens Outbreak?
- Has Salmonella Been Found in Super Greens Samples?
- How Can I Contact Food to Live About the Recall?
- References
Latest Super Greens Lawsuit Updates
September 3, 2026: Court Enters Orders in Pugh, Rusich, and Sampieto
The court entered orders in the Pugh, Rusich and Sampieto cases in the Southern District of New York on September 3, 2026 [1, 2, 3].
Notices of voluntary dismissal had been filed in each case on August 31, 2026. All three were filed against Superfoods, Inc., the company that recalled Live it Up Super Greens. Judge Arun Subramanian was assigned to all three cases.
August 17, 2026: Docket Lists Stay Lifted and Scheduling Order
On August 3, 2026, Judge Arun Subramanian granted joint requests to stay the Ciccone case and its consolidated cases and adjourned all scheduled deadlines until after mediation [4].
He told the parties to report a proposed briefing schedule by August 14, 2026. The Ciccone docket lists a “Case Stay Lifted” memo endorsement on August 4, and the Adkins docket a scheduling order on August 17 [5].
July 23, 2026: Rotherham Case Filed Against Superfoods and Two Other Companies
A new case, Rotherham v. Superfoods, No. 1:26-cv-06261, was filed in S.D.N.Y. on July 23, 2026 [6]. It names Superfoods, Inc., Aviva Natural Supplements, LLC and Trafa Pharmaceutical, Inc. as defendants.
On July 24, 2026, the court referred the case to Judge Arun Subramanian as possibly related to the Ciccone case.
July 22, 2026: FDA and CDC Report Final Outbreak Counts
The FDA and CDC reported 131 people ill in 38 states in the January 2026 outbreak [7]. Of 121 people with information available, 36 were hospitalized. No deaths were reported.
The outbreak was tied to supplements containing moringa leaf powder, including Live it Up Super Greens. CDC declared the outbreak over, and the FDA said its investigation is closed. These counts come from the regulators.
May 27, 2026: FDA and CDC Reopen the Outbreak Investigation
The FDA and CDC reopened the outbreak investigation on May 27, 2026 after new cases were reported. Since it closed, 22 new illnesses from 4 states had been reported. They counted 119 people ill in 36 states.
Illnesses started between August 22, 2025 and April 26, 2026. Of 109 people with information available, 32 were hospitalized, with no deaths reported. The count rose further in the final update from the same FDA advisory.
May 20, 2026: Judge Consolidates Ciccone and Adkins for Pre-Trial Purposes
On May 20, 2026, Judge Arun Subramanian consolidated the Ciccone and Adkins cases for pre-trial purposes. Both are putative class actions against Superfoods, Inc. The judge also directed counsel to confer with each other regarding settlement.
The order adjourned the conferences set for May 26 and June 29 and set a June 2 deadline for a joint letter and proposed case management plan. No MDL has been formed for the consolidated cases [8].
March 17, 2026: FDA and CDC Close the First Outbreak Investigation
The FDA and CDC closed the first outbreak investigation on March 17, 2026. They reported 97 people ill in 32 states.
There were 26 hospitalizations, and no deaths were reported. The FDA advisory carries these counts from CDC. The investigation was reopened later, after new cases appeared.
March 14, 2026: Sampieto and Rusich Filed in Southern District of New York
Two more cases were filed in S.D.N.Y. on March 14, 2026. They are Sampieto (No. 1:26-cv-02099) and Rusich (No. 1:26-cv-02100).
Both complaints name Superfoods, Inc., doing business as Live It Up, a Delaware corporation, as the defendant. Both relate to the recalled Live it Up powder, and both cases were assigned to Judge Arun Subramanian.
February 2, 2026: Adkins Class Action Filed in Southern District of New York
Adkins v. Superfoods, Inc., No. 1:26-cv-00860, a proposed nationwide class action, was filed by Charlyn Adkins in S.D.N.Y. on February 2, 2026.
The case was first assigned to Judge J. Paul Oetken, who set an initial conference for May 1, 2026. Counsel who appear must be authorized to negotiate terms of settlement. The complaint proposes a class of buyers of recalled products.
January 21, 2026: Cicero, Ciccone, and Pugh Filed
Cicero v. Superfoods, Inc., No. 1:26-cv-00607, was filed in the Northern District of Illinois on January 20, 2026 [9]. It is the earliest of the seven federal cases and was assigned to Judge Lindsay C. Jenkins.
Ciccone (No. 1:26-cv-00537) and Pugh (No. 1:26-cv-00540) were filed against Superfoods, Inc. in federal court in New York on January 21, 2026. Ciccone later became the lead case.
January 15, 2026: Company Recalls All Super Greens Powder
On January 15, 2026, Superfoods, Inc. recalled all Live it Up Super Greens, Original and Wild Berry, over possible Salmonella contamination [10]. The notice reported 45 illnesses and 12 hospitalizations. The FDA advisory placed them in 21 states.
On January 20, 2026, the company widened the recall to nationwide sales, including Puerto Rico, Guam and the U.S. Virgin Islands. It also covered sales to consumers in the United Kingdom.
December 4, 2025: CDC Declares the October 2025 Outbreak Over
The FDA advisory reports that CDC declared the October 2025 Salmonella Richmond outbreak over on December 4, 2025 [11]. It traced the outbreak to moringa leaf powder from Vallon Farmdirect PVT LTD of Jodhpur, India.
The advisory reported 11 people ill in 7 states, 3 hospitalized and no deaths. Illnesses started between May 12, 2025 and September 4, 2025. It covers recalled supplements that include Member’s Mark Super Greens.
November 12, 2025: Brooklyn Company Recalls Organic Moringa Products
Food To Live recalled its Organic Moringa Leaf Powder and Organic Supergreens Powder Mix on November 12, 2025 [12]. The Brooklyn, NY company recalled the products voluntarily.
The recall covered lot codes SO-69006 through SO-72558 over possible Salmonella contamination. The FDA posted the notice on November 13, 2025.
October 31, 2025: FDA and CDC Announce Outbreak Tied to Moringa Leaf Powder
The FDA and CDC announced an outbreak of Salmonella Richmond infections on October 31, 2025. The advisory traced the illnesses to a single lot of moringa leaf powder that was imported from India.
It also reported that all Member’s Mark Super Greens sold at Sam’s Club had been recalled, regardless of lot codes and best by or use before dates.
What Is Salmonella?
According to the FDA, Salmonella is a group of bacteria that can cause gastrointestinal illness and fever called salmonellosis [13].
It can spread when food handlers do not wash their hands, when people eat raw or undercooked foods, and from animals to people.
Who May Be Affected?
People who ate a recalled super greens powder and later had Salmonella symptoms may be affected. Only an individual legal review can say whether a person has a claim. The FDA lists these recalled powders:
- Every Live it Up Super Greens product with expiration dates from 08/2026 to 01/2028
- All Member’s Mark Super Greens from Sam’s Club, sold nationwide and online, regardless of lot code or date
- Food To Live Organic Supergreens Powder Mix and Organic Moringa Leaf Powder with lot codes SO-69006 through SO-72558
Live it Up Super Greens were sold nationwide through the company website and, since July 30, 2025, on Amazon. Food To Live products were sold on its website and on third-party sites, including Amazon.com.
Reported Injuries or Damages
The Adkins complaint alleges the named plaintiff was taken by ambulance to an emergency room on or about December 18, 2025. It says she had severe stomach cramps consistent with Salmonella poisoning [14].
It alleges she incurred medical bills. The complaint also alleges the company misrepresented its manufacturing, saying it used “good manufacturing practices”. It says the packaging did not disclose that the powder contained or may contain Salmonella. These claims are unproven.
The FDA has made separate findings. It said epidemiologic and traceback evidence showed moringa leaf powder is the source of contamination in the January 2026 outbreak.
The FDA’s traceback found a common manufacturer for Live it Up Super Greens and Why Not Natural Pure Organic Moringa Green Superfood capsules.
In the October 2025 outbreak, samples of Member’s Mark Super Greens and Food To Live moringa leaf powder matched Salmonella Richmond.
Recall and Regulatory Background
Three separate recalls involved super greens powders. The Member’s Mark recall covered every lot, and the FDA lists the Food To Live recall as terminated. A recall alone does not prove liability.
No federal lawsuit over Member’s Mark Super Greens or Food To Live products appears in court records. For the Live it Up recall and its lawsuits, see the Live it Up Super Greens recall page.
Evidence to Preserve
If you or a family member became ill after eating a super greens powder, keep these items:
- The product container or pouch with its lot code
- For Live it Up, the lot code printed on the bottom back of the pouch, which begins with “A” (stick packs begin with “3”)
- For Food To Live, the lot code printed on the back of the bag, which starts with “SO-“
- The UPC, the receipt, and any order confirmation or subscription record
- Photographs of the packaging and label
- Medical records and any stool test results showing Salmonella
- Refund or recall messages from the seller
Filing Deadlines
Time limits to file a claim come from state law and depend on where you live. They also depend on when the illness and its diagnosis happened.
Some states start the clock at diagnosis. A missed limit can end a claim even when the facts are strong.
If you are thinking about legal action, check promptly with a lawyer who handles these cases in your state, before too much time passes.
Frequently Asked Questions
Is There a Class Action Lawsuit over Super Greens Powder?
Yes, two proposed class actions over super greens powder, Ciccone and Adkins, are in federal court. The proposed class in the Adkins complaint is all persons residing in the United States who purchased recalled products subject to the January 15, 2026 recall. No class has been certified.
Can I Join a Super Greens Recall Lawsuit If I Got Sick?
Joining a super greens recall lawsuit after getting sick starts with the claims already filed. The Adkins complaint asserts claims for negligence, negligent misrepresentation, breach of express and implied warranties, fraudulent concealment, violation of state consumer protection acts, strict product liability and unjust enrichment.
How Did Salmonella Get into the Super Greens Powders?
Salmonella got into the super greens powders in the October 2025 outbreak, which involved Food To Live products and Member’s Mark Super Greens, through one lot of moringa leaf powder, best by November 2027, according to the FDA. Records for all eight points of sale converged at one direct importer.
What Are the Symptoms of Salmonella from Super Greens?
The symptoms of Salmonella from super greens include diarrhea, fever and abdominal cramps. Illness usually begins 12 to 72 hours after eating contaminated food and lasts four to seven days. Contact a healthcare provider if you think you developed symptoms after eating a recalled powder.
What Does the Research Say About the Super Greens Outbreak?
The research on the super greens outbreak found that of 84 ill people interviewed, 74 (88%) reported eating a product containing moringa leaf powder, including 63 who reported Live it Up Super Greens only. Of 12 positive samples, 11 detected an outbreak strain.
Has Salmonella Been Found in Super Greens Samples?
Salmonella has been found in Super Greens samples, according to the FDA. State health departments in Illinois and Wisconsin each detected the outbreak strain in opened Live it Up samples, and Minnesota’s agriculture and health departments detected it in an unopened sample.
How Can I Contact Food to Live About the Recall?
You can contact Food To Live about the recall at (718) 717-1029, Monday through Friday, 8:00 AM to 5:00 PM EST, or at recall@foodtolive.com. To report an illness to the FDA, use its Industry and Consumer Assistance page.
References
- https://www.courtlistener.com/docket/72169003/pugh-v-superfoods-inc/
- https://www.courtlistener.com/docket/72493469/rusich-v-superfoods-inc/
- https://www.courtlistener.com/docket/72493459/sampieto-v-superfoods-inc/
- https://www.courtlistener.com/docket/72168531/ciccone-v-superfoods-inc/
- https://www.courtlistener.com/docket/72218279/adkins-v-superfoods-inc/
- https://www.courtlistener.com/docket/73659924/rotherham-v-superfoods-inc/
- https://www.fda.gov/food/outbreaks-foodborne-illness/outbreak-investigation-salmonella-moringa-leaf-powder-january-2026
- https://www.jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_By_MDL_Number-September-1-2026.pdf
- https://www.courtlistener.com/docket/72161998/cicero-v-superfoods-inc-dba-live-it-up/
- https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/superfoods-inc-dba-live-it-recalls-live-it-super-greens-because-possible-health-risk
- https://www.fda.gov/food/outbreaks-foodborne-illness/outbreak-investigation-salmonella-moringa-leaf-powder-october-2025
- https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/food-live-voluntarily-recalls-organic-moringa-products-because-possible-health-risk
- https://www.fda.gov/food/foodborne-pathogens/salmonella-salmonellosis
- https://www.courtlistener.com/docket/72218279/1/adkins-v-superfoods-inc/
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