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Who is Liable When a Victim Suffers an Allergic Reaction from a Non-food Item?

When you use a consumer product, it is your responsibility to ensure that it is safe for you to use. Many of the food allergens that can cause uncomfortable and harmful reactions can also be found in non-food products. Although you do not eat these products, you can still suffer an allergic reaction just by coming into contact with them.

Your responsibility is to ensure that a product is safe for you to use according to the information available to you. The product's manufacturer should provide you with this information, but many are not held to the same strict standards to which the food industry is held. A food manufacturer or vendor is liable for food poisoning damages if it does not take care to prevent consumer illness and generally, manufacturers and sellers of non-food items can be liable for these kinds of damages, as well. However, their labeling is voluntary and can contain alternative terms for specific ingredients. There is also no standard definition for “hypoallergenic,” so use products with this label carefully.

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Fairway Market Recalls Candy Corn Over Undeclared Allergen

In December 2016, Fairway Market of New York announced its recall of its store brand candy corn because the product could contain egg, despite the packaging not stating this. So far, one individual has reported suffering an allergic reaction from consuming Fairway candy corn. Individuals with egg allergies who have purchased this product are advised to return it to the store for a refund or throw it in the trash.

Fairway Market operates specialty food stores in New York, New Jersey, and Connecticut. Like Whole Foods and Trader Joe's, many specialty products are sold under the store's own brand. This recall came before more victims fell ill as a result of an undeclared allergen, which can be as dangerous as suffering from food poisoning.

Why Would Eggs be in Candy Corn?

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