Undeclared Milk in Monkfish Liver and How Victims Can Seek Compensation
New York Mutual Trading Co. recently issued a recall for its 7-ounce Prepared Monkfish Liver (Ankimobo) in five states due to a packaging error that failed to disclose the presence of milk. The recall, which impacts products distributed to restaurants and retail stores in Florida, Georgia, Maryland, New Jersey, and New York, has drawn attention for its potential to cause severe allergic reactions in individuals with milk allergies. Although no illnesses have been reported to date, the U.S. Food and Drug Administration (FDA) has warned that consuming the mislabeled product could lead to serious or life-threatening consequences.
The Scope of the Recall and the FDA’s Findings
The recalled monkfish liver is packaged in a polyethylene vacuum pouch with the UPC code 72546611224 and a lot code of 2025.6.30 or earlier. The FDA’s investigation revealed that the labeling error stemmed from a failure to include milk, derived from an ingredient, on the product’s label. This oversight was discovered after the product had already entered the marketplace, with its last distribution occurring on December 14, 2024.
Food allergens, including milk, represent significant public health concerns. According to the FDA, food allergies affect millions of Americans, with reactions ranging from mild symptoms such as hives to severe, life-threatening conditions like anaphylaxis. Early identification and proper labeling of allergens are crucial in preventing adverse health outcomes. Despite these risks, the FDA has stated that food allergies currently have no cure, making avoidance of allergens essential for those affected.
New York Mutual Trading Co. acknowledged the error and urged customers to return the product to the place of purchase for a full refund. The company has also provided a contact number and email for those seeking additional information. While the company has taken steps to address the issue, the recall underscores the importance of proper labeling in protecting public health and preventing harm.
The Risks and Consequences of Food Labeling Errors
Food labeling errors can have far-reaching consequences, particularly for individuals with severe food allergies. Consuming a product that contains an undeclared allergen like milk can trigger an immune response, leading to mild or severe symptoms. In mild cases, individuals may experience itching, rashes, or stomach discomfort. However, for those with severe allergies, ingestion of an allergen can cause anaphylaxis—a rapid and life-threatening reaction that may involve difficulty breathing, swelling of the throat, and a dangerous drop in blood pressure.
The psychological and financial toll on individuals and families dealing with allergic reactions can be significant. Emergency medical care, ongoing treatments, and long-term health implications can create substantial burdens. For children or individuals with known allergies, a mislabeled product poses an immediate and alarming risk to their safety.
Legal Options for Victims of Food Labeling Errors
Victims harmed by mislabeled food products may have grounds to file a product liability lawsuit against the responsible parties. In this case, individuals who suffered allergic reactions after consuming the recalled monkfish liver could hold New York Mutual Trading Co. accountable for failing to meet its legal duty to provide accurate labeling.
A product liability lawsuit involving a mislabeled food product typically focuses on negligence, misrepresentation, or breach of warranty. Companies are required to ensure that their products are accurately labeled, especially when it comes to allergens. Failing to disclose a known allergen is a breach of this duty, and victims who suffer harm as a result may seek compensation for their injuries.
The legal process often begins with the victim demonstrating a connection between their injuries and the defective product. Evidence such as medical records, receipts, and lab tests proving the presence of the allergen in the product may be crucial. Victims must then file a formal complaint outlining their claims and damages sought.
The Role of an Attorney in Pursuing a Product Liability Case
Hiring an attorney is essential for victims pursuing claims related to mislabeled food products. An attorney experienced in product liability cases can guide victims through the legal process, from gathering evidence to negotiating settlements or presenting a case in court.
Attorneys can help establish the manufacturer’s liability by demonstrating that the labeling error constituted negligence. They may also collaborate with medical experts to prove the connection between the mislabeled product and the victim’s injuries. By navigating the complexities of a legal claim, an attorney can help ensure victims receive fair compensation for their losses.
Potential Damages in Food Labeling Cases
Victims of mislabeled food products may be entitled to compensation for a variety of damages, depending on the severity of their injuries and the circumstances of the case. These damages may include:
- Medical Expenses: Coverage for emergency care, hospital stays, and ongoing treatment related to the allergic reaction.
- Lost Income: Compensation for time missed from work due to medical treatment or recovery.
- Pain and Suffering: Damages for physical pain, emotional distress, and the impact on quality of life.
- Punitive Damages: In cases where negligence was particularly egregious, punitive damages may be awarded to penalize the manufacturer and deter future misconduct.
If you or someone you know suffered harm after consuming the recalled monkfish liver, you may be eligible to pursue compensation for your injuries. The national product injury law firm Parker Waichman LLP is dedicated to holding negligent companies accountable for their actions.
Contact Parker Waichman LLP for a Free Case Review
Contact us by calling 1-800-YOUR-LAWYER (1-800-968-7529) today for a free, no-obligation consultation and let us help you protect your rights and seek the justice you deserve. Regardless of your location or where your injury occurred, our national product injury law firm is ready to assist you.
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