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Woman sues grocery store after feeling "betrayed" when they gave her a cherry pie instead of apple

A slice of cherry pie on a brown plate with a fork
A slice of cherry pie on a brown plate with a fork
Getty Images/mantonino

A New York woman says she felt "betrayed" after her local ShopRite sold her a cherry pie when she wanted apple.

As such, she has filed a lawsuit against the store, seeking $35,000 in damages.


According to the NY Post, Tiffany Brady says her daughter fell ill after eating the pie thinking it was an apple, as members of her family "strongly dislike and have sensitivities and allergies to cherry pie."

Her lawsuit claims the store "misbranded and mislabeled" the pastry as an apple pie, which led to her daughter getting sick.

The lawsuit states, "Occasionally, Plaintiff will give her daughter a treat, like Apple pie.  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."

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The parent company of ShopRite, Wakefern Food Corp. did not immediately offer a comment.

The lawsuit goes on to claim that "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."

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