Mislabeled Food & Undeclared Allergens
Consumers rely on food labels to make safe choices. When packaged food contains an undeclared allergen or a label materially misstates what is in the product, a serious allergic reaction can follow despite careful label reading. Consumer Rights Law investigates mislabeled-food injury claims throughout Florida.
- Cross-contamination during food preparation
- Failure to disclose known allergens in a dish or product
- Ignoring a disclosed allergy warning before service
- Mislabeled food that triggered a serious reaction
- Unsafe food handling that put an allergic consumer at risk
- Reactions requiring EpiPen administration or emergency hospitalization
When the Label Does Not Match the Food
Packaged-food cases may involve negligence, product liability, breach of warranty, and other state-law theories depending on the facts. Federal allergen-labeling requirements can also be relevant to evaluating the product and evidence, although the specific civil claims available depend on applicable law and circumstances.
A major allergen was present but not declared on the label
A product was later recalled because of an undeclared allergen
Packaging made an affirmative allergen-related representation that proved inaccurate
Manufacturing or packaging errors placed the wrong food in the wrong package
The exposure caused anaphylaxis, emergency treatment, hospitalization, or another documented injury
What Compensation May Be Available
If mislabeled food caused a serious allergic reaction or other injury, potential damages may include:
Emergency room, ambulance, and hospitalization expenses
Epinephrine, medications, and related emergency treatment
Lost income and time away from work
Pain and suffering caused by the reaction or product-related injury
Ongoing medical care and other documented long-term effects
Practice Areas & How We Can Help
