Mombo’s Vanilla Soft Serve Ice Cream Mix Allergic Reaction Injury and Wrongful Death Lawsuit Lawyers

As one of the nation’s premier personal injury and mass tort law firms, we are capable of successfully handling all types of cases. If you or a loved one are injured due to the negligence of another, there is no better place to help advocate for your rights than Parker Waichman LLP.

Mombo’s Vanilla Soft Serve Ice Cream Mix Allergic Reaction Injury and Wrongful Death Lawsuit Lawyers

FDA Issues Class I Recall for Arizona Foods Group’s Ice Cream Mix Due to Potential Life-Threatening Allergic Reactions

Arizona Foods Group’s Mombo’s Vanilla Soft Serve Ice Cream Mix has been recalled due to the presence of an undeclared egg allergen, prompting the U.S. Food and Drug Administration (FDA) to classify the recall as a Class I health risk. This classification represents the highest level of concern, reserved for products that pose a significant risk of severe injury or death if consumed. While the company has stated that the contaminated product was never released to the public and was successfully retrieved, the incident highlights the dangers of undeclared food allergens and the potential consequences for consumers with severe allergies.

The recall, initiated on January 19, affected 4,422 half-gallon units, totaling 737 cases, all of which were distributed within Nevada. The product was packaged in plain white half-gallon cartons with a sticker label and a code on the opposite side. The affected batch was marked with the code PLT 04-21 00925. The ice cream mix, which has an 18-month shelf life when frozen and a 30-day shelf life when thawed or refrigerated, posed a serious risk to individuals with egg allergies.

Food allergies, especially those involving common allergens such as eggs, can cause severe and life-threatening reactions. The FDA warns that symptoms of an allergic reaction can appear within minutes to hours after ingestion and may include hives, swelling, difficulty breathing, vomiting, and, in severe cases, anaphylaxis. Anaphylaxis is a medical emergency that can cause the throat to swell, restrict breathing, and lead to loss of consciousness or even death if not treated immediately.

While Arizona Foods Group has assured that all affected products were successfully retrieved before reaching consumers, the recall underscores the critical need for food manufacturers to follow strict labeling guidelines. The omission of an allergen like eggs from ingredient labels can lead to serious health emergencies for individuals with allergies.

Legal Rights of Consumers Affected by Undeclared Food Allergens

Food manufacturers are legally required to disclose all major allergens on product packaging under federal food labeling laws. When a company fails to include an allergen warning, consumers with food allergies are placed at serious risk. Undeclared allergens can lead to severe reactions that may require emergency medical care, hospitalization, and long-term health consequences. If a contaminated product reaches consumers and causes harm, affected individuals may have legal grounds to file a product liability lawsuit.

Although Arizona Foods Group states that the recalled ice cream mix never entered the public market, similar cases involving mislabeled food products have led to lawsuits seeking compensation for medical expenses, pain and suffering, and other damages. Food manufacturers have a duty to ensure their products are properly labeled, and failure to do so can result in liability for any harm caused.

The Process of Filing a Lawsuit for an Undeclared Food Allergen

When a mislabeled food product causes harm, victims may be entitled to seek compensation through a product liability claim. The legal process begins with gathering evidence, including medical records, receipts proving purchase, and documentation of the allergic reaction. Even though the Mombo’s Vanilla Soft Serve Ice Cream Mix recall did not result in public distribution, consumers who suffer harm from other mislabeled food products must establish a direct link between the product and their allergic reaction.

The next step involves identifying the responsible parties, which may include the food manufacturer, distributor, or retailer. If an investigation reveals that a company failed to properly test, label, or disclose allergens in its product, it could be held accountable for any resulting injuries. The legal claim may be resolved through negotiations with the manufacturer’s insurance provider, but if a fair settlement is not reached, the case could proceed to court.

During litigation, both sides will present evidence, including expert testimony on food safety regulations and medical professionals who can explain the severity of the reaction. A successful claim can result in compensation for medical bills, lost wages, pain and suffering, and, in extreme cases, punitive damages if it is determined that the company acted recklessly in failing to disclose allergens.

The Importance of Legal Representation in Food Allergy Cases

Pursuing a claim against a food manufacturer requires knowledge of food safety laws and product liability regulations. Large corporations have legal teams prepared to defend against lawsuits, often attempting to minimize their liability. Without legal representation, victims may struggle to obtain fair compensation for their injuries.

An attorney can help gather the necessary evidence, prove liability, and negotiate with insurance companies to ensure victims receive adequate compensation. If a food allergy victim requires emergency treatment or hospitalization, medical expenses can quickly add up. A legal claim can help cover these costs and provide financial relief for those affected by mislabeled food products.

Compensation Available in Food Allergy Injury Cases

Victims who experience severe allergic reactions due to mislabeled food products may be entitled to various forms of compensation. Medical expenses, including emergency care, hospitalization, and follow-up treatment, are among the most common damages sought in food allergy cases. If an allergic reaction results in time away from work, victims may also recover lost wages.

Pain and suffering damages may be awarded to compensate for the physical and emotional distress caused by the reaction. Severe cases involving anaphylaxis or long-term health complications may warrant additional compensation for ongoing medical care. If a mislabeled product leads to a fatal reaction, the victim’s family may pursue a wrongful death lawsuit, seeking damages for funeral costs, loss of financial support, and emotional suffering.

CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW 

If you or a loved one has suffered a severe allergic reaction due to an undeclared allergen in a food product, you may have the right to seek compensation for your medical expenses, lost wages, and pain and suffering. Food manufacturers must be held accountable for failing to properly label their products. The legal team at Parker Waichman LLP is dedicated to protecting the rights of consumers harmed by mislabeled food. Contact us by calling 1-800-YOUR-LAWYER (1-800-968-7529) today for a free consultation and learn how you can pursue justice for your injuries. Regardless of your location or where your injury occurred, our nationwide product injury law firm is ready to assist you.
Free Consultation
Parker Waichman LLP
Are you inquiring about a new matter?
What type of accident did you have?
Please share a few details about your inquiry so we can connect you with the best person to assist you.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Related Video

4.8 from 549 Reviews

Client Reviews

Our law firm is ready to represent you in your injury case. We’ve helped many New York residents as well as those needing help nationwide. Contact our team for a free case consultation today.

First time with working with parker waichman. Excellent staff will recommend to my friends and family.
Benny G.
Michelle Josama helped me through a very difficult time. I would highly recommend her for your next attorney.
David Schilberger
I had a very good experience with the people at PW. No issues at all
Peggy Corrigan
Thank you to everyone at this law firm for dealing with my case, especially Joonho Hong for closing this case out.
Constantine Kefalogiannis

Contact Us Today

If you or a loved one has been injured in an accident or have been injured by another party in some other way, we are here to stand up for your rights. Our personal injury attorneys have been representing injury victims and their families in Long Island and throughout the nation since the early 1980s.