Wismettac Asian Foods has expanded its recall of Curvee Puffs Corn Puff Snacks after the U.S. Food and Drug Administration (FDA) determined that additional flavors contain undeclared milk, posing a severe risk to consumers with milk allergies. Initially, the recall applied only to the curry-flavored version of the snack, but it now includes the Sea Salt & Umami Flavor and Corn Potage Flavor. The FDA warns that these products could cause “serious or life-threatening” allergic reactions for individuals with a milk allergy or severe sensitivity.
The recalled snacks were widely distributed across 39 states, including New York and New Jersey, and were sold in retail stores, restaurants, and online platforms. Some of the products were also exported to Mexico and Peru. While no illnesses have been reported so far, the undeclared allergen poses a major health risk for unsuspecting consumers. The recall applies to 2.46-ounce bags, with the last distribution occurring on January 10, 2025. Consumers who purchased these snacks are advised to return them to the place of purchase for a full refund.
The Dangers of Undeclared Allergens in Food Products
Food allergies are a serious medical condition, and the presence of an undeclared allergen can have devastating consequences. Milk allergies are among the most common food allergies in both children and adults. For individuals with severe allergies, consuming even a small amount of milk can trigger anaphylaxis, a life-threatening reaction that requires immediate medical attention. Symptoms of a milk allergy can range from mild skin irritation and stomach pain to severe respiratory distress, swelling of the throat, and shock. Without prompt treatment, anaphylaxis can lead to death.
The risk of allergic reactions increases when allergens are not properly disclosed on food packaging. Many consumers rely on ingredient labels to make safe choices about the foods they eat. When a manufacturer fails to list a known allergen, it creates a hidden danger that can put unsuspecting individuals at risk. Those with food allergies often take extra precautions, checking ingredient lists and researching brands to ensure safety. When a company fails to disclose an allergen like milk, it eliminates a consumer’s ability to make an informed decision, exposing them to unnecessary and preventable harm.
Legal Rights for Consumers Affected by the Corn Puff Recall
Victims who suffer allergic reactions due to undeclared allergens in food products may have grounds for a product liability lawsuit against the manufacturer. Food companies have a legal responsibility to ensure that their products are accurately labeled, especially when they contain known allergens. Failure to disclose an allergen can be considered negligence, as it directly endangers the health and safety of consumers.
Product liability laws allow consumers to seek compensation when they are harmed by unsafe or defective products. In this case, the recall of Curvee Puffs Corn Puff Snacks demonstrates that the manufacturer did not adequately control for allergen labeling, putting consumers at risk. Even though no illnesses have been reported yet, individuals who experience an allergic reaction from consuming the mislabeled product may have legal options.
Filing a lawsuit can help affected consumers recover financial compensation for medical expenses, pain and suffering, and other damages resulting from their allergic reaction. To successfully pursue a product liability claim, a victim must prove that the product was defective due to improper labeling, that they consumed the product, and that they suffered harm as a direct result.
Steps in a Product Liability Lawsuit
Filing a lawsuit for an undeclared allergen in a food product involves several key steps. First, the victim must seek medical attention immediately if they experience an allergic reaction. Medical records will serve as critical evidence in proving that the mislabeled product caused harm. Next, victims should keep any remaining packaging of the recalled product, as it provides proof of purchase and evidence that the product lacked proper labeling.
A formal complaint is then filed against the manufacturer, outlining the details of the case, including how the undeclared allergen caused harm and what damages the victim has suffered. During the discovery phase, both sides gather evidence, including internal records from the food manufacturer, lab tests, and expert testimony. Many cases are resolved through settlement negotiations, but if no agreement is reached, the case may proceed to trial.
Why Legal Representation Is Crucial
A lawsuit against a food manufacturer requires substantial evidence, knowledge of food safety laws, and the ability to counter corporate legal teams. A skilled attorney can help victims by conducting a thorough investigation, obtaining expert testimony, and negotiating for fair compensation. Large food companies often have significant resources and may attempt to deny liability or minimize claims. An attorney can fight back by demonstrating how the mislabeled product directly caused harm and holding the manufacturer accountable for its failure to ensure product safety.
Without legal representation, victims may struggle to prove their case or recover the full compensation they deserve. An experienced attorney can guide them through each step of the lawsuit, ensuring their rights are protected and that they receive justice for their suffering.
Potential Compensation for Victims
Consumers who suffer an allergic reaction due to an undeclared allergen may be eligible to recover damages through a product liability lawsuit. These damages can include:
- Medical Expenses: Compensation for hospital visits, emergency care, and any ongoing treatment required due to the allergic reaction.
- Lost Wages: If a severe reaction prevents a victim from working, they may be entitled to recover lost income.
- Pain and Suffering: Physical and emotional distress caused by the reaction, including fear, trauma, and long-term health consequences.
- Punitive Damages: In cases of gross negligence, courts may award additional damages to punish the manufacturer and prevent future harm to consumers.
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