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Understanding Food Allergy Lawsuits Against Manufacturers

 Posted on July 28, 2023 in Uncategorized


Did you know that for over 5.6 million children and 26 million adults in America, ingredient labels are the first and only line of protection between a delicious and enjoyable meal and a critical health emergency? Ingesting even the smallest amount of allergens can bring about an anaphylactic shock leading to respiratory issues, cardiovascular problems, gastrointestinal difficulties, and skin irritation. In this condition, injecting an EpiPen (epinephrine) or getting medical treatment is the only remedy.  

Unfortunately, despite the strict laws and regulations, food manufacturers still fail to adequately address the risks posed by allergens in their products, which can lead to severe consequences for allergic individuals, potentially resulting in illness, injury, or even death. In fact, in 2017, approximately 456 food items were recalled from the superstores in a period of 12 months. According to the reports, 218 of these items comprised undeclared allergens – 9% had almonds, 13% had soy, 16% had eggs, and 50% had milk.

Imagine eating chips without knowing that they are made using eggs. Scary, right? Food allergy lawsuits against manufacturers help you sue the negligent parties and get a financial reward for the missed workdays, mental anguish, and medical bills. Read on to learn more!

Food Allergen Labeling and Consumer Protection Act (FALCPA)

In response to the increasing prevalence of food allergies and the need to protect consumers, many countries have developed regulations and laws governing food allergens in the manufacturing process. The Food Allergen Labeling and Consumer Protection Act (FALCPA) of 2004 was a significant step forward in the United States. FALCPA mandates clear labeling of the presence of any major food allergens in packaged food products, thus providing vital information to consumers with allergies. Here are some tips for food manufacturers to minimize the risk of an allergic reaction:

● Accurate Labeling: Manufacturers must ensure their products' labels are clear, accurate, and compliant with the relevant allergen labeling laws. This includes identifying all major allergens present in the product and potential cross-contamination risks.

● Risk Assessment and Management: Conducting thorough risk assessments can help identify potential allergen-related hazards in the production process. Implementing effective allergen management programs can reduce the risk of cross-contact.

● Supplier Control: Manufacturers should have strict guidelines and agreements with their ingredient suppliers to ensure allergen information is accurate and up-to-date.

● Education and Training: Properly educating employees about food allergies, allergen control, and emergency response protocols can enhance overall safety and awareness.

● Testing and Verification: Regularly testing products and equipment for allergen presence can help ensure compliance with safety standards.

How to File for Food Allergy Lawsuits Against Manufacturers?

Despite these regulations, food allergy lawsuits against manufacturers have become more frequent in recent years. The complexity and diversity of the food industry present unique challenges when dealing with allergens, making compliance with labeling laws and ensuring safety a formidable task.

One of the main challenges is cross-contamination during the production process. Even if a product does not contain allergens as an intentional ingredient, it may come into contact with allergens in shared equipment or facilities. This unintentional presence of allergens, known as "cross-contact," can be hazardous for allergic consumers.

Liability arises when manufacturers fail to take appropriate measures to prevent cross-contamination and properly label their products. Suppose a consumer experiences an allergic reaction due to a manufacturer's negligence or failure to disclose allergen information. In that case, they may file a lawsuit seeking compensation for damages, medical expenses, and emotional distress. Collect strong evidence and follow these tips to create a robust case against manufacturers:

● You must prove that the manufacturer either failed to inform about the presence of allergens, mislabelled the products, or provided insufficient warnings about the cross-contamination with the allergen.

● You have to establish a direct link between the allergen exposure in the product and allergic reaction.

● You must prove that the manufacturer breached its duty of care towards consumers, which includes adhering to labeling laws, implementing proper allergen control measures, and conducting adequate testing.

● You must prove that the manufacturer has shared misleading or false information about the product's nutritional content.

When filing a food allergy lawsuit against manufacturers, it is imperative to have a record of all the receipts and documents in order to prove the lost wages, suffering, and medical expense due to the allergic reaction. Once you have all the evidence, consult with a personal injury lawyer. A professional can help you assess the strength of your claim and guide you through the legal process.

If several people have been affected by a particular product, a class-action lawsuit may already be in progress. In some cases, joining a class-action suit might be appropriate. If not, you might have to file an individual lawsuit. Having a reliable food allergy attorney by your side will significantly help you negotiate, ensuring that the judge decides in your favor.

Hire a Food Allergy Attorney Right Now!

At Newland & Newland LLP, we understand the serious implications of food allergies and the devastating consequences that can arise when manufacturers fail to prioritize consumer safety. If you or a loved one have experienced a food allergy-related incident due to a manufacturer's negligence or mislabeling, our dedicated team of attorneys is here to support you.

With extensive experience in handling food allergy cases, we are well-versed in the complexities of these legal matters. We are committed to seeking justice and fair compensation for our clients. Serving individuals across Arlington Heights, Chicago, Libertyville, Crystal Lake, Joliet, and Itasca, we are ready to fight for your rights and hold responsible parties accountable. Don't face this challenging situation alone – contact Newland & Newland LLP today.

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