Food Allergy Cases Against Manufacturers and Distributors For Failing to Warn
In addition to providing beneficial information for individuals concerned about what food ingredients they consume, labeling is a necessity for those who suffer food allergies. In addition to learning the nutritional value of packaged food goods, proper food labeling by manufacturers is essential for food allergy sufferers who must be acutely aware of the food ingredients they eat. Any deceptive or misleading food labels can cause serious life-threatening health issues including anaphylaxis (anaphylactic) shock to individual suffering food allergies.
Food allergy cases against Manufacturers fall under the category of product liability. These types of cases usually involve a warning defect that fails to adequately alert consumers of dangers and risks in consuming the product. Other lawsuits involve misinformation concerning food products that are sold by the manufacturer consumed at home, in restaurants, at nursing facilities, in hospitals and other locations.
The FDA (Food and Drug Administration) requires every food manufacturer to identify food goods that contain any allergens known to cause allergic reaction. Any violation in food labeling can be dangerous because certain foods contain allergens that can harm a large section of the population. Nearly one out of every 20 individuals in the United States suffers from some type of food allergy that can cause anaphylactic shock.
Anaphylaxis is an allergic reaction that can be life threatening. Many of these symptoms can onset hours after exposure to foods containing food allergens. Common signs and symptoms of anaphylactic shock include:
- Respiratory Issues – The most common respiratory signs and symptoms include shortness of breath, stridor (high-pitched breathing caused by obstructed or narrowed airways) and wheezing
- Skin Conditions – Common skin symptoms associated with anaphylactic shock include angioedema (swelling), flushing, itchiness and hives of afflicted tissue. In addition, swollen throats and tongues are a common occurrence in approximately one out of every five food allergen reactions
- Cardiovascular Problems – In addition to suffering coronary artery spasm, individuals suffering food allergen-associated anaphylaxis might also display cardiac arrest, dysrhythmia and myocardial infarction
- Gastrointestinal Difficulties – Severe abdominal pain with cramps, vomiting and diarrhea are common symptoms of food allergy reactions
Food allergens known to trigger anaphylactic shock in certain individuals are found in milk, dairy products, peanuts, shellfish (lobster, shrimp, crab, etc.), fish, tree nuts (pecans, walnuts, etc.) eggs, wheat, soy and sesame seeds.
Food Labeling Violations Made by Food Manufacturers Result in Significant Allergic Reactions
Companies that manufacture and package food products have a legal duty to protect consumers by providing proper labeling on all the consumable goods they sell. Any violation or breach of that duty can be considered negligence. Many food label violation claims filed for compensation involve:
- Failing to warn consumers of potential risks associated with the consumption of certain food products
- False or misleading information of a food product’s nutritional content
- Labeling that is impossible or challenging to read
- Wrong labeling of specific food products
- Missing information and warning issues involving the ingredients the food product contains
In some incidences, food manufacturers will cross contaminate one food product with another during the manufacturing process. Cross contact can occur by using the same machinery and equipment when producing different food products. As a result, the consumer can be exposed to food allergens even if the product’s ingredients do not contain allergens.
Filing a Lawsuit Against a Food Manufacturer
A violation of food labeling can lead victims suffering food allergen reactions to compensation paid by the manufacturer. In many cases, the food manufacturer, supplier in distributor can be held legally responsible for improperly labeling products, or providing misleading information that led to injuries or death of the victim. However, food product lawsuits are complex and require extensive legal analysis. Because of that, many victims will hire personal injury attorneys who specialize in food allergy injury cases.
Rosenfeld Injury Lawyers provide legal guidance, advice and representation to victims of food allergies caused by food manufacturer neglect. We aggressively fight food producers to hold them accountable for the injuries you have endured.
Contact our law firm at (888) 424-5757 to schedule a no cost, no obligation consultation with our team of attorneys who specialize in food allergy cases just like yours. We handle all types of food allergy injury cases against food manufacturers, restaurant owners, day care centers, public and private schools, nursing homes, assisted living facilities and cafeterias.