How Victims Can Seek Compensation After Severe Allergic Reactions Caused by Mislabeling
A recent recall involving FreshPoint Central Florida’s garden salad has brought renewed attention to the dangers of food mislabeling. The recall, initially issued for a labeling error that led to undeclared peanuts in the product, was later upgraded to a Class I recall by the FDA. This classification is the agency’s most serious, reserved for situations where consuming a product could lead to severe illness or death.
FreshPoint, a subsidiary of Sysco Corporation, is one of the largest foodservice produce distributors in North America. While the recall affected only 18 units of garden salad, the fact that it involved a major national supplier raises broader concerns about how food labeling mistakes can put consumers at risk. Peanuts are one of the most dangerous food allergens, and even trace amounts can trigger anaphylaxis, a severe allergic reaction that can cause throat swelling, difficulty breathing, and loss of consciousness within minutes.
The FDA considers the recall process complete, but no termination date has been specified, leaving open questions about how long mislabeled salads were in circulation. Since FreshPoint operates under Sysco’s vast distribution network, even a small-scale mislabeling error can have widespread consequences, impacting restaurants, cafeterias, and foodservice providers across the country.
The recall highlights the growing problem of undeclared allergens in food products, which is one of the top causes of food recalls in the U.S. Mislabeling errors can occur due to packaging mistakes, ingredient substitutions, or cross-contamination in processing facilities. For individuals with food allergies, accurate labeling isn’t just a regulatory requirement—it’s a matter of life and death.
How Undeclared Allergens Can Lead to Serious Harm
Food allergies affect millions of Americans, with peanut allergies being among the most severe. When a product is mislabeled and fails to disclose the presence of peanuts, those with allergies are placed at extreme risk. Accidental exposure can lead to anaphylaxis, a reaction that requires immediate medical attention and, in some cases, can be fatal.
Anaphylactic reactions often develop within minutes of consuming the allergen. Symptoms can include swelling of the throat, difficulty breathing, a rapid drop in blood pressure, and loss of consciousness. If emergency treatment with epinephrine is not administered quickly, the outcome can be life-threatening.
For those who rely on food labels to protect themselves, a mislabeling error is more than just an inconvenience—it can be catastrophic. The FreshPoint recall is particularly concerning because garden salads are not expected to contain peanuts, making accidental exposure far more likely. A person with a peanut allergy may consume the salad without hesitation, unaware of the danger until it is too late.
Beyond the physical harm, severe allergic reactions also lead to emotional trauma and financial burdens. Hospitalization, emergency medical treatments, and ongoing medical care can result in significant medical expenses. Individuals who suffer from anaphylaxis due to mislabeled food may also face lost wages and long-term health effects, further adding to their financial and emotional distress.
Legal Options for Victims of Food Mislabeling
When a mislabeled food product leads to serious injury or death, victims and their families have the right to pursue legal action. Product liability laws hold food manufacturers, distributors, and retailers accountable when their products cause harm due to mislabeling or contamination.
In this case, victims who suffered allergic reactions due to FreshPoint’s mislabeled salad may be able to file a lawsuit against the company and other responsible parties in the distribution chain. Food mislabeling lawsuits often fall under three main legal claims:
- Defective Labeling: The failure to list peanuts as an ingredient on the salad package constitutes a serious labeling defect. Federal law requires that major allergens be clearly disclosed on food packaging.
- Negligence: FreshPoint and Sysco had a duty to ensure their food products were properly labeled before distribution. Their failure to do so may be considered negligence, making them liable for any resulting harm.
- Breach of Warranty: Consumers expect that food products are accurately labeled and safe to eat. When a company sells a mislabeled product, it may be in violation of implied warranties that guarantee food safety.
Victims who suffered severe allergic reactions may be entitled to compensation for medical expenses, lost wages, pain and suffering, and emotional distress. If a fatality occurs, surviving family members may file a wrongful death lawsuit to recover damages for funeral costs, loss of companionship, and financial support.
The Lawsuit Process and Why Legal Representation is Essential
Filing a product liability lawsuit for food mislabeling involves several legal steps, each requiring careful documentation and legal strategy. Victims must prove that the mislabeled product directly caused their allergic reaction, which means medical records, witness statements, and product packaging should be preserved as evidence.
The legal process typically begins with filing a claim against the manufacturer, distributor, or retailer responsible for the mislabeled food. This is followed by evidence collection, where attorneys gather proof that the company failed to comply with federal labeling requirements. Expert testimony may also be needed to establish the severity of the allergic reaction and its long-term impact.
In many cases, food companies and distributors attempt to settle claims quickly to avoid litigation. However, initial settlement offers are often far lower than what victims deserve. Having an attorney ensures that victims receive full compensation for medical bills, pain and suffering, and any future expenses related to their injury.
If a fair settlement cannot be reached, the case proceeds to trial, where a judge or jury determines the company’s liability and awards damages. Lawsuits involving food mislabeling and allergen contamination can result in substantial settlements or verdicts, particularly when the negligence was preventable.
Recoverable Damages in a Food Mislabeling Lawsuit
Victims of severe allergic reactions caused by mislabeled food products may be entitled to compensation for a variety of damages, including:
- Medical Expenses: Emergency room visits, hospitalization, epinephrine injections, and long-term treatment costs.
- Lost Wages: Compensation for time missed from work due to medical treatment and recovery.
- Pain and Suffering: Damages for the physical pain and emotional trauma caused by the allergic reaction.
- Wrongful Death Damages: Families of victims who died from anaphylaxis may recover compensation for funeral expenses, loss of financial support, and emotional suffering.
- Punitive Damages: If the company’s actions were especially reckless, punitive damages may be awarded to punish the responsible parties and prevent future mislabeling errors.
If you or a loved one suffered an allergic reaction due to a mislabeled food product, legal action may be necessary to hold negligent companies accountable. Parker Waichman LLP is dedicated to protecting consumers and ensuring that food manufacturers and distributors follow strict safety regulations.
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