FDA Issues Urgent Recall of Cal Yee Farms Chocolate Products Due to Undeclared Milk
The U.S. Food and Drug Administration (FDA) has elevated its recall of certain Cal Yee Farms chocolate products to the highest risk level, Class 1, after determining that the products pose a serious health hazard to consumers with milk allergies. This classification is reserved for situations where there is a reasonable probability that exposure to a product could result in severe health consequences or even death. The recall applies specifically to Cal Yee Farms’ dark chocolate almonds, dark chocolate apricots, and dark chocolate walnuts, all of which were found to contain undeclared milk.
The initial recall, issued in December 2024, affected multiple Cal Yee Farms products containing undeclared allergens, including soy, wheat, sesame, FD&C #6 dye, and almonds. However, the FDA’s recent escalation focuses solely on the chocolate-covered products, as their undisclosed milk content creates an immediate and life-threatening risk for individuals with dairy allergies. The recalled items were distributed across nine states—Arizona, California, New Mexico, Ohio, Oregon, Pennsylvania, Tennessee, Texas, and Virginia—but were also available for online purchase, meaning consumers nationwide may have these products in their homes.
The Dangers of Undeclared Allergens in Food
Food allergies can trigger severe and life-threatening reactions, particularly when allergens are consumed unknowingly. Milk allergies are among the most common food allergies, affecting both children and adults. Unlike lactose intolerance, which causes digestive discomfort, a milk allergy is an immune system response that can lead to anaphylaxis, a condition that requires immediate medical attention. Symptoms can develop within minutes and may include difficulty breathing, swelling of the throat, hives, vomiting, and loss of consciousness. If left untreated, anaphylaxis can be fatal.
The primary concern with the recalled Cal Yee Farms chocolates is that consumers with milk allergies may have eaten the products without knowing they contained milk. Because these items were not labeled properly, individuals who normally avoid dairy could unknowingly expose themselves to an extreme allergic reaction. Even small traces of milk protein can be dangerous for those with severe allergies, making accurate ingredient labeling essential for food safety.
Cal Yee Farms packaged the recalled chocolates in clear plastic zippered pouches with a bright yellow label on the front and a small white label with a UPC code on the back. The FDA urges consumers to check their pantries for these products, especially if they purchased them online or in one of the nine affected states. Anyone with a milk allergy who has consumed these chocolates should monitor for symptoms and seek medical attention if a reaction occurs.
Legal Options for Consumers Harmed by the Recalled Chocolates
Individuals who suffer allergic reactions after consuming mislabeled food products may have grounds for a product liability lawsuit. Food manufacturers have a legal duty to ensure accurate ingredient labeling, especially when it comes to common allergens like milk, peanuts, and soy. Failure to disclose allergens can be considered negligence, making the manufacturer liable for any resulting harm.
Victims may be able to file a claim against Cal Yee Farms if they suffered a medical emergency, required hospitalization, or experienced severe allergic reactions due to the undisclosed milk in these chocolates. These lawsuits can hold the company accountable for failing to meet food safety standards and provide victims with financial compensation for their medical bills, lost wages, and pain and suffering.
The Legal Process for Filing a Product Liability Claim
A product liability lawsuit follows a structured legal process that involves gathering evidence, filing a claim, and negotiating a fair settlement. The first step is documenting the allergic reaction, including medical records, emergency room visits, and any prescribed treatments. Keeping the packaging of the recalled product, along with proof of purchase, can strengthen a legal claim by demonstrating that the victim consumed the mislabeled food.
Once a claim is filed, both sides gather evidence through the legal process known as discovery. Attorneys may obtain internal documents from the manufacturer to determine how the labeling error occurred and whether proper quality control measures were in place. If the case is not resolved through settlement negotiations, it may go to trial, where a judge or jury will determine whether the manufacturer is liable for the victim’s injuries.
Why Victims Need an Attorney for Each Step
Product liability cases require experienced legal representation to ensure victims receive fair compensation. Large food manufacturers and retailers often have legal teams that work to minimize their financial liability. Without legal counsel, victims may struggle to prove negligence or receive a settlement that fully covers their losses.
An attorney can help by gathering the necessary evidence, consulting medical experts, and negotiating with the responsible parties. They will also determine the full scope of damages, ensuring that all medical expenses, lost income, and emotional distress are accounted for. Legal representation provides victims with the best chance of securing justice and preventing similar incidents from happening to others.
Damages Available in a Product Liability Lawsuit
Victims who suffer harm due to mislabeled food products may be entitled to compensation for various losses. A product liability lawsuit can cover:
- Medical Expenses: Emergency treatment, hospitalization, and ongoing medical care related to the allergic reaction.
- Lost Wages: Compensation for missed workdays due to hospitalization or recovery time.
- Pain and Suffering: Emotional trauma and physical discomfort caused by the allergic reaction.
- Punitive Damages: In cases of gross negligence, additional damages may be awarded to punish the manufacturer and prevent future misconduct.
If you or a loved one suffered an allergic reaction after consuming Cal Yee Farms chocolate products, legal action may be an option. The national product injury law firm Parker Waichman LLP is committed to holding negligent food manufacturers accountable and fighting for the rights of injured consumers.