Undeclared Allergens in Naturipe “Berry Buddies, Berries & Pancakes” Bento Boxes Could Lead to Life-Threatening Reactions
Snack packs sold at major grocery chains, including Kroger and Meijer, have been recalled due to undeclared allergens that could cause serious and potentially fatal allergic reactions. The recall affects 2.1-ounce Berry Buddies, Berries & Pancakes bento box snack packs, manufactured by Naturipe Value Added Fresh, a company based in Alma, Georgia. These snack packs contain wheat and eggs, which were not listed on the label due to a packaging error.
The recall notice, issued by the U.S. Food and Drug Administration (FDA), warns that individuals with wheat or egg allergies could suffer severe reactions if they consume the mislabeled product. The recall applies to 694 cases of the snack packs, which were distributed across multiple states and sold in the refrigerated produce or deli sections of Kroger and Meijer stores. The affected packages can be identified by lot #1097901 printed on the top, with an expiration date of February 25, 2025.
The Cause of the Recall and the Health Risks Involved
The recall was triggered after the company discovered that an incorrect back label was placed on the product during the packaging process. This labeling error meant that wheat and eggs—both common allergens—were not disclosed to consumers. A subsequent investigation determined that the mistake was due to a label changeover failure during production. According to Naturipe, the issue has since been corrected, but the mislabeled products had already been distributed and sold.
Food allergies can cause severe and immediate reactions, ranging from mild irritation to anaphylaxis, a life-threatening condition that requires emergency medical attention. Symptoms of a severe allergic reaction can include swelling of the throat, difficulty breathing, hives, vomiting, and a rapid drop in blood pressure. For individuals with wheat or egg allergies, consuming the mislabeled snack pack could lead to hospitalization or even death if not treated quickly.
Despite the serious risks, no illnesses have been reported so far. However, many consumers may have already purchased and consumed the product without realizing the danger. The FDA and Naturipe urge anyone who has the affected product to dispose of it or return it to the store for a full refund.
How Undeclared Allergens Harm Consumers and Their Legal Rights
For individuals with severe food allergies, accurate labeling is critical to preventing life-threatening reactions. The presence of undeclared wheat and eggs in the recalled snack packs represents a clear failure in food safety standards. Companies that manufacture and distribute food products have a legal duty to ensure that all allergens are clearly disclosed on labels.
When consumers unknowingly ingest an allergen due to a mislabeling error, the consequences can be severe. Some individuals may experience minor discomfort, while others could require emergency medical treatment. The financial burden of emergency room visits, ongoing treatment, and lost wages due to illness can be overwhelming. In extreme cases, allergic reactions may result in long-term health complications or even fatalities.
Victims who have suffered harm after consuming a Berry Buddies, Berries & Pancakes snack pack with an undeclared allergen may have grounds to file a product liability lawsuit against the manufacturer. Food product liability claims generally fall into three categories:
- Manufacturing Defect: Errors that occur during production, such as mislabeling, leading to an unsafe product being sold.
- Failure to Warn: If a product contains allergens but does not disclose them, the manufacturer may be held liable for failing to provide proper warnings.
- Negligence: Food manufacturers are expected to follow strict protocols to prevent labeling errors. A failure to properly oversee packaging changes may be considered negligence.
The Legal Process for Filing a Product Liability Lawsuit
If someone suffers an allergic reaction due to an undeclared allergen in a mislabeled food product, they have the right to seek compensation through a product liability lawsuit. The process typically involves:
1. Gathering Evidence – The first step is collecting proof that the individual consumed the mislabeled product and suffered an allergic reaction as a result. This may include medical records, hospital bills, receipts from the store, and photographs of the product and packaging.
2. Filing the Lawsuit – Once the evidence is gathered, a legal complaint is filed against the manufacturer, in this case, Naturipe Value Added Fresh. The complaint outlines the injuries suffered and the legal claims against the company, including negligence and failure to warn.
3. Discovery Phase – Both sides exchange evidence, including company records showing how the error occurred and whether the company took appropriate measures to prevent it. Depositions from company representatives and food safety experts may also be conducted.
4. Settlement Negotiations – Many food product liability cases are settled before going to trial. The defendant may offer compensation to cover medical expenses and other damages. If a fair settlement is not reached, the case proceeds to court.
5. Trial and Verdict – If the case goes to trial, a judge or jury will determine whether the manufacturer is liable for the harm caused by the mislabeled product. If found liable, the court will award damages to the victim.
Why Legal Representation is Necessary for Product Liability Claims
Food manufacturers and retailers often have legal teams dedicated to defending against liability claims. Without an experienced product liability attorney, consumers harmed by mislabeled food products may struggle to prove their case and obtain fair compensation. Attorneys can help gather evidence, work with medical professionals to establish the extent of harm, and negotiate with corporate defendants for a fair settlement.
An attorney also ensures that victims meet legal deadlines for filing claims. In food-related product liability cases, statutes of limitations vary by state, meaning victims must act quickly to protect their rights.
Damages That May Be Recovered in a Food Product Liability Lawsuit
Victims who have suffered harm due to the Naturipe Berry Buddies, Berries & Pancakes recall may be entitled to compensation for a range of damages, including:
- Medical Expenses: Emergency room visits, hospitalization, medications, and follow-up treatments.
- Lost Wages: If the allergic reaction caused a victim to miss work, they may be able to recover lost income.
- Pain and Suffering: Compensation for physical pain, emotional distress, and diminished quality of life.
- Punitive Damages: If the manufacturer’s negligence was severe, additional damages may be awarded to deter similar conduct in the future.
Consumers who have suffered an allergic reaction after consuming a recalled Naturipe snack pack may have legal options to seek compensation for their injuries. Parker Waichman LLP, a national product injury law firm, is investigating claims related to this recall and can help victims pursue justice.
Contact Parker Waichman LLP For a Free Case Review
If you or a loved one were harmed by an undeclared allergen in this or any other mislabeled food product, call 1-800-YOUR-LAWYER (1-800-968-7529) for a free, no-obligation consultation. Regardless of where your injury occurred, our national product injury law firm is ready to assist you.
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