A food allergy is an adverse reaction the body has when certain foods or ingredients are consumed or the individual is exposed to that food or ingredient. Substantial portions of the population are impacted by food allergies, and these allergies can occur at birth or develop throughout one’s lifetime.
If you have suffered an injury from a food allergy due to the incorrect labeling of a food product, contact the Minnesota food allergy lawyer at Goldenberg Lauricella, PLLC today.
Goldenberg Lauricella Can Help
The Minnesota personal injury attorneys at Goldenberg Lauricella, PLLC are currently investigating cases where an individual has suffered a serious food allergy-related injury due to the incorrect labeling of food. Our experienced litigation team has been delivering justice to the victims of personal injury and wrongful death for over 38 years — let us deliver the Gold-standard advocacy you deserve.
Dangers of Food Allergies
According to The Centers for Disease Control and Prevention (CDC), food allergies impact approximately 15 million people in the United States each year and food allergies are the reason for approximately 30,000 annual emergency room visits. Food allergies have been found to be responsible for around 150-200 deaths every year.
Common Foods that People are Allergic To
- Dairy
- Shellfish
- Eggs
- Fish
- Nuts
- Wheat products
- Soy
Symptoms of Food Allergies
Food allergy symptoms vary; however, common food allergy symptoms include:
- Digestive disorders
- Skin rashes
- Difficulty breathing or swallowing
- Swelling of the face
- Other symptoms resembling food poisoning cases
- Anaphylaxis
- Death
Foods Must Contain What Label Says
In a Consumer Update from the FDA, the agency highlights the importance of foods containing what is stated on the label for consumer safety. The Federal Food, Drug and Cosmetic Act requires that labels on packaged food products within interstate commerce “not be false or misleading in any way.” Michael W. Roosevelt, the director of compliance at the FDA, explains that the FDA monitors food products to make sure that labels follow these guidelines. If a product is incorrectly labeled, the agency takes appropriate action. This action can include the agency conducting an analysis, issuing an alert, informing the manufacturer through a warning letter, and requesting the firm correct the problem. If the firms do not comply, the FDA is authorized to take additional legal action to remove the misbranded products from the market.
Do I Have a Food Allergy Lawsuit?
A food allergy lawsuit may be filed if an individual suffers injuries as a result of a food allergy due to someone else’s negligence. For example, a lawsuit may be filed if the label misrepresented the ingredients within the food. The Food Allergen Labeling and Consumer Protection Act (FALCPA) was passed by Congress in 2004 and enacted in 2006 to modify the Federal Food, Drug, and Cosmetic Act. The FALCPA lists eight major food allergens: Milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, and soybeans, which encompass 90% of all food allergies. The Act applies to both domestically manufactured and imported packaged foods that are subject to FDA regulation.
The FALCPA requires food manufacturers to label food products that contain an ingredient that is or contains protein from a major food allergen in one of two ways:
- To list the name of the food source in parentheses following the “common or usual name of the major food allergen” in the ingredients list if it does not appear on another location in the ingredient statement.
- Place the word “contains” followed by the name of the food source where the major food allergen is derived from immediately after or adjacent to the ingredients list in a legible font.
Companies are responsible for notifying consumers about the ingredients that are in their products and to disclose ingredients that may be potential triggers for food allergies, and customers depend on these disclosures. The FALCPA requires that foods that contain a high risk of major allergy triggers (such as nuts, eggs, or wheat) must have notice of the trigger clearly listed on the label. The consequences of not abiding by these rules and failing to disclose ingredients in the food can be a matter of life and death. Companies must take these obligations seriously. Unfortunately, there are many examples where critical ingredients were not disclosed on the product label. A list of recent recalls related to improper labeling is below.
Nationwide Food Allergy Recalls
Goodie Girl Tribeca LLC Recalls Goodie Girl Magical Animal Crackers Due to Undeclared Wheat
- FDA publish date: September 11, 2020
- Reason for recall: May contain undeclared wheat
- Company name: Goodie Girl Tribeca LLC
- Brand name: Goodie Girl
- Product description: Goodie Girl GF Magical Animal Crackers
- Quantity of recall: 398 cases of a single date code of 7 oz. Goodie Girl Magical Animal Crackers
Tree House Foods Announces Voluntary Recall of Certain Signature Select Granola Bars
- FDA publish date: August 28, 2020
- Reason for recall: Undeclared peanuts
- Company name: TreeHouse Foods, Inc
- Brand name: Signature Select
- Product description: Chewy Granola Bars- Chocolate Chip
- Additional details: Outer carton indicates that the product is Chocolate Chip variety, while some of the individually wrapped product contained in the carton may be Peanut Butter & Chocolate Chip variety
B&G Foods Issues Voluntarily Allergy Alert on Undeclared Milk in a Limited Number of Boxes of Back to Nature Organic Rosemary & Olive Oil Stoneground Wheat Crackers
- FDA publish date: August 26, 2020
- Reason for recall: Undeclared milk
- Company name: B&G Foods
- Brand name: Back to Nature
- Product description: Organic Rosemary & Olive Oil Stoneground Wheat Crackers
- Quantity of recall: 1502 cases of single date code of 6 oz. Back to Nature Organic Rosemary & Olive Oil Stoneground Wheat Crackers with “best by” date of April 7, 2021
Wellements LLC Issues Allergy Alert on Undeclared Milk Allergen in Two Lots of Iron Drops and Iron Drops Sample
- FDA publish date: July 25, 2020
- Reason for recall: Undeclared milk
- Company name: Wellements LLC
- Brand name: Wellements
- Product description: Iron Drops Liquid Dietary Supplement and Iron Drops Sample Liquid Dietary Supplement
- Quantity of recall: Two lots of its 10oz/30ml bottle of Iron Drops Liquid Dietary Supplement and the sample version
UpSpring LLC Issues Allergy Alert on Undeclared Milk in “UpSpring Baby Iron + Immunity”
- FDA publish date: July 24, 2020
- Reason for recall: Undeclared milk
- Company name: UpSpring LLC
- Brand name: UpSpring
- Product description: “UpSpring Baby Iron + Immunity” dietary supplements
- Quantity of recall: One batch of its 60 ml dark brown glass bottles sold in cartons of product
Allergy Alert: KIND Issues Voluntary Recall Due to Undeclared Sesame Seeds in Oats & Honey
- FDA publish date: July 8, 2020
- Reason for recall: Undeclared sesame seeds
- Company name: KIND Healthy Snacks
- Brand name: KIND
- Product description: Oats & Honey Granola with Toasted Coconut pouches
- Quantity of recall: 11oz pouches, the Best By dates range from April 4, 2021 to June 1, 2021 and 17oz pouches, the Best By dates range from April 30, 2021 to June 1, 2021
Beyond Better Foods, LLC Issues Allergy Alert on Undeclared Milk in Mislabeled Chocolate Peanut Butter Pints
- FDA publish date: June 25, 2020
- Reason for recall: May contain undeclared milk ingredients
- Company name: Beyond Better Foods, LLC
- Brand name: Enlightened
- Product description: Chocolate Peanut Butter Ice Cream
- Additional details: Recalling as a result of a mislabeled product. One lot of Chocolate Peanut Butter ice cream was mistakenly filled in pint sized Enlightened brand Dairy-Free Chocolate Peanut Butter pint containers. As a result, select pints from single production run of Enlightened brand Chocolate Peanut Butter ice cream pints are included in the recall because they may have been packaged in Dairy-Free Chocolate Peanut Butter containers and thus contain undeclared milk ingredients.
Mount Franklin Foods, LLC dba Azar Nut Company Issues Allergy Alert on Undeclared Peanuts in “7-Select Yogurt Pretzels”
- FDA publish date: June 23, 2020
- Reason for recall: Undeclared peanuts
- Company name: Mount Franklin Foods
- Brand name: 7-Select
- Product description: Yogurt Pretzels
- Quantity of recall: Five-ounce packages of “7-Select Yogurt Pretzels”
Flagstone Foods, LLC Issues Voluntary Recall of North Star Sweet & Salty Caramel Trail Mix Due to Undeclared Allergen
- FDA publish date: June 22, 2020
- Reason for recall: Undeclared cashews
- Company name: Flagstone Foods LLC
- Brand name: Flagstone Foods LLC
- Product description: North Star Sweet & Salty Caramel Trail Mix
- Quantity of recall: Fourteen-ounce packages of product
Free Consultations With a minnesota food allergy lawyer
Reach out to our team of Minnesota food allergy lawyers today for a free consultation. There is no charge and there is no obligation Call (612) 333-4662 .