Chick-fil-A's Grilled Nuggets Contained an Undeclared Dairy Allergen for Months. A Teen Nearly Died. A Lawsuit Followed.
Allergy & Food Safety
The 2022 Chick-fil-A grilled nugget allergen case — which affected all locations nationwide, including Florida's 60+ stores — illustrates what happens when a national chain fails to update allergen disclosures after a supplier change, and customers with food allergies pay the price.
There are more than 60 Chick-fil-A locations in Florida. Millions of Floridians eat there. And for approximately two months in 2022, anyone who ordered Chick-fil-A's Grilled Chicken Nuggets or Grilled Filets while trusting that the listed allergen information was accurate was working from incomplete information.
Chick-fil-A's Grilled Nuggets and Grilled Filets contained an undeclared dairy allergen introduced by a supplier. The chain's own menu did not disclose dairy as an ingredient. Employees, when asked directly, confirmed the nuggets were dairy-free. According to a lawsuit filed in 2023, they were not — and for one teenage boy with a life-threatening dairy allergy, the consequences were nearly fatal.
What Happened
On August 13, 2022, Francine Powers took her teenage son J.P. — who has a life-threatening dairy allergy — to a Chick-fil-A location. Before ordering, she asked an employee directly whether the Grilled Nuggets contained dairy. She was told they did not. She ordered them for her son.
Shortly after eating, J.P. began foaming at the mouth. His throat started to close. He was rushed to a pediatric emergency facility, where medical staff worked for several hours to stabilize his condition.
Chick-fil-A publicly announced the undeclared dairy allergen on August 23, 2022 — ten days after J.P.'s reaction. According to the company's statement, the allergen had been unintentionally introduced by a supplier. The contamination remained until October 28, 2022, when the company announced the dairy had been fully removed.
In August 2023, Powers filed a lawsuit against Chick-fil-A on behalf of her son, asserting causes of action including negligence, product liability, infliction of emotional distress, and unfair and deceptive business practices.
Why This Case Matters for Florida Consumers
The Chick-fil-A case illustrates a documented pattern: a company discovers an allergen issue, begins working to correct it, and delays public notification. During that window, customers with food allergies are making purchasing decisions based on allergen information they believe is current. When that information is wrong and someone is harmed, Florida law provides avenues for accountability.
Under the Food Allergen Labeling and Consumer Protection Act (FALCPA) and the FASTER Act, food manufacturers must disclose major allergens. But beyond federal labeling law, there is a common law duty of care: when a restaurant employee verbally assures a customer that a product is safe for their allergy and that assurance is wrong, the chain may be exposed to personal injury liability.
Florida also recognizes claims under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) when a business makes false representations to consumers — including representations about the safety of food for those with disclosed allergies.
What This Means for Florida Residents With Food Allergies
If you or your child suffered an allergic reaction at a Chick-fil-A in Florida — particularly between approximately August and October 2022 — and have not spoken with an attorney, the two-year statute of limitations may still apply depending on when the reaction occurred.
More broadly: if you suffered a reaction at any chain restaurant in Florida after being told a product was safe for your allergy, the legal framework is the same. The chain had a duty of accuracy. If it failed that duty and you were harmed, you may have a claim worth evaluating.
What to Do If You Experienced a Reaction at a Chain Restaurant
1. Seek emergency medical care and document your treatment.
2. Save the packaging, your receipt, and anything on the menu about allergens.
3. Write down what you were told by staff, word for word, as soon as possible.
4. Do not sign any release or accept any payment from the restaurant or its insurer without consulting an attorney.
5. Contact a Florida personal injury attorney. Florida's statute of limitations is two years from the date of the reaction.
Think You May Have a Case? Here's What to Do.
If you or someone you love was injured in Florida — at a retail store, theme park, cruise ship, restaurant, or anywhere else — you may have a legal claim. Florida law is complex, and the facts of your situation matter enormously. The best first step is a free conversation with a Florida personal injury attorney.
If you think you may have a case, Consumer Rights Law, PLLC offers free consultations and works on contingency — you pay nothing unless we win. Call (786) 360-7697 or visit consumerrights.law.
Consumer Rights Law, PLLC — Prior results do not guarantee similar outcomes. This content is for informational purposes only and does not constitute legal advice or create an attorney-client relationship.
