Thousands of Peach Mango Sorbet Boxes Recalled Over Potential Egg Allergy Hazard
The Food and Drug Administration (FDA) recently announced a nationwide recall of 1,350 cases of My Mochi peach mango sorbet due to the presence of an undeclared allergen, pasteurized cooked egg white. The recall affects products sold at major retailers, including Target and Wegmans, raising serious concerns about consumer safety. Two cases of allergic reactions have already been reported, though the potential harm could be far more severe for individuals with egg allergies.
The recall involves 7.5-ounce boxes containing six peach mango-flavored mochi, marked with lot numbers 337-24 and 341-24. The issue arose when the ingredient was used in production but not disclosed on the product's labeling, posing a risk to consumers with egg allergies. My Mochi has since urged customers to return the affected products for a full refund, but the consequences of such labeling errors extend beyond mere inconvenience.
The Health Risks of Undeclared Allergens in Food Products
Undeclared allergens in food can pose significant health risks, particularly for individuals with known allergies. Eggs, one of the most common allergens among children, can trigger reactions ranging from mild discomfort to life-threatening emergencies.
Ingesting egg products can lead to symptoms such as hives, swelling, nausea, and respiratory difficulties. More severe cases can result in anaphylaxis, a critical medical emergency where the airways constrict, making breathing difficult. Anaphylaxis can also lead to shock, characterized by a rapid pulse, plummeting blood pressure, and potential loss of consciousness.
Even minor allergic reactions can cause significant distress, especially for children and individuals with heightened sensitivities. When an allergen like egg whites is not properly disclosed on a food label, consumers cannot make informed choices about their health and safety. Food manufacturers have a legal duty to ensure accurate labeling and compliance with the FDA's food safety standards. My Mochi’s failure to properly disclose this ingredient has already led to reported health incidents, demonstrating the potential dangers of such oversights.
How Victims Can File a Lawsuit After an Undeclared Allergen Injury
Individuals harmed by My Mochi's undeclared allergen may have the right to file a product liability lawsuit seeking compensation for their injuries. Product liability laws hold manufacturers and distributors accountable when a product is defective or fails to meet safety standards. Undeclared allergens, particularly when they can cause serious health risks, fall within this legal framework.
The primary legal basis for these lawsuits would involve failure to warn and negligence. Food manufacturers are required to disclose all major allergens clearly on their product labels under the FDA’s food safety regulations. Failure to list an ingredient like egg white directly violates these standards.
To file a product liability lawsuit, the victim must establish a clear connection between consuming the recalled sorbet and their allergic reaction. This can be done through medical records, proof of purchase, and documentation of the reaction. Once evidence is gathered, the next steps involve filing a formal legal complaint against the manufacturer, detailing the harm caused and the negligence involved.
The Legal Process for Product Liability Claims
Filing a lawsuit over a recalled food product involves several key steps, beginning with gathering evidence and leading up to potential court proceedings if a settlement cannot be reached.
First, the victim must identify the recalled product they consumed. This involves confirming the lot number and expiration details of the My Mochi peach mango sorbet that matches the recalled batches. Proof of purchase and medical records documenting the allergic reaction are critical in establishing a direct link between the product and the harm suffered.
Next, the plaintiff’s attorney will file a formal complaint against My Mochi and any other responsible parties involved in the manufacturing or distribution chain. The complaint outlines the claims, including negligence and failure to warn consumers about the egg allergen.
During the discovery phase, both parties exchange evidence and expert testimonies may be presented to demonstrate how the failure to disclose the allergen led to the injury. In many cases, companies may offer a settlement to avoid further litigation, but if a fair agreement cannot be reached, the case proceeds to trial where a judge or jury will determine liability and compensation.
Why Victims Need an Attorney for Product Liability Cases
Product liability lawsuits, especially those involving food recalls, require a thorough understanding of both legal standards and food safety regulations. An experienced product liability attorney is essential to help victims build a strong case, protect their rights, and pursue fair compensation.
An attorney can investigate the circumstances of the recall, collect evidence linking the product to the harm, and negotiate with the manufacturer’s legal team. Large corporations often have significant legal resources to minimize their liability, making it difficult for victims to pursue justice without proper representation.
Legal professionals also understand how to calculate damages accurately, including medical expenses, pain and suffering, and long-term health consequences. Without proper legal guidance, victims risk settling for less than they deserve or facing challenges proving the company's liability.
Damages Victims May Be Entitled to Recover
Victims harmed by My Mochi's failure to disclose the egg allergen may be eligible to recover various forms of compensation, depending on the severity of their injuries and financial losses.
Medical expenses are among the most common damages awarded, covering treatments related to the allergic reaction, emergency care, and any ongoing medical needs. If the allergic reaction caused significant health complications, victims may also recover compensation for future medical care.
Lost wages can be recovered if the victim had to miss work due to their injuries. Pain and suffering damages account for the emotional trauma and physical discomfort experienced as a result of the allergic reaction. In cases where the negligence was particularly egregious, punitive damages may be awarded to hold the company accountable and discourage similar behavior in the future.
If you or a loved one experienced an allergic reaction due to the recalled My Mochi peach mango sorbet, you may be entitled to compensation for your injuries. The national product injury law firm Parker Waichman LLP is committed to protecting consumers harmed by unsafe products.
Contact Parker Waichman LLP for a Free Case Review
Call 1-800-YOUR-LAWYER (1-800-968-7529) today for a free, no-obligation consultation. Our experienced attorneys can help you understand your legal options and fight for the justice and compensation you deserve.
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