Wegmans Nut Blend LawsuitsHow Undeclared Almonds in a Nut Blend Could Lead to Severe Allergic Reactions and Legal Action
In August 2024, Flagstone Foods issued a recall of Wegmans’ “Food You Feel Good About Pecan Blend” due to the presence of undeclared almonds. This product was distributed across eight states—Delaware, Massachusetts, Maryland, North Carolina, New Jersey, New York, Pennsylvania, and Virginia—along with the District of Columbia. The recall was triggered after it was discovered that almonds, a tree nut classified among the major allergens, were not listed on the packaging. The undeclared presence of almonds poses a significant risk for individuals with nut allergies, particularly those at risk for anaphylaxis, a life-threatening allergic reaction.
The FDA later classified the recall as Class II, indicating that consumption of the product could cause temporary or medically reversible health consequences. While the risk of serious adverse health outcomes is considered remote, individuals with severe nut allergies are at risk of suffering significant harm if they consume the product. Customers who purchased the 16-ounce packages of the Pecan Blend, marked with a use-by date of 03/27/2024 and UPC 0-77890-31040-3, have been advised to return the product to their local Wegmans for a full refund.
Food allergies, particularly to nuts, are a growing public health concern. Anaphylaxis, the most severe form of allergic reaction, can cause difficulty breathing, a sharp drop in blood pressure, and even death if not treated promptly with emergency medical care. For those who unknowingly consume products containing allergens like almonds, the consequences can be life-threatening. Given the serious nature of such allergic reactions, consumers who have been harmed by this product may have grounds to pursue legal action against the manufacturer or distributor.
How Consumers Are Harmed by Undeclared Allergens
The potential harm from consuming undeclared allergens such as almonds is significant, especially for individuals with known nut allergies. When these individuals ingest even small amounts of almonds, they may experience immediate and severe symptoms, including difficulty breathing, swelling of the face and throat, and a dangerous drop in blood pressure. In the most severe cases, anaphylaxis can result in death if not treated promptly with an epinephrine injection and emergency medical care.
For people with allergies, clear labeling is essential to avoid life-threatening reactions. When a company fails to properly label a product that contains a known allergen, consumers are placed in immediate danger. Those who rely on accurate ingredient lists to manage their allergies may unknowingly consume allergens, leading to severe health consequences that can require hospitalization or even result in fatal outcomes. The emotional and financial toll on individuals and families affected by such allergic reactions can be overwhelming.
The harm caused by these mislabeled products extends beyond physical injury. Victims often suffer emotional distress from the trauma of the allergic reaction, and the financial burden of emergency medical treatment can be substantial. For some, an allergic reaction can result in long-term health complications, leading to lost wages and ongoing medical expenses. Given the serious nature of these consequences, individuals harmed by mislabeling may be able to file a product liability lawsuit to seek compensation for their injuries.
Filing a Product Liability Lawsuit for Undeclared Allergens
Consumers who have suffered an allergic reaction due to undeclared allergens in food products, such as the Wegmans nut blend, may be entitled to pursue legal action through a product liability lawsuit. These lawsuits hold manufacturers and distributors accountable for failing to provide proper warnings or labels about allergens in their products. In cases like this, where undeclared almonds are present in a product marketed as safe for consumption, victims can argue that the manufacturer was negligent in its duty to inform consumers of the risks.
To file a product liability lawsuit, the first step is to consult with an attorney who specializes in food-related product liability claims. The attorney will assess your case by reviewing the facts surrounding the allergic reaction, including medical records, the product in question, and any evidence of the product’s defective labeling. The attorney may also investigate whether the company had prior knowledge of the mislabeling and whether similar incidents have occurred.
Once the attorney determines that you have a valid claim, they will proceed by filing a formal complaint in court. This complaint will outline your legal claims, including negligence, strict liability, and failure to warn, depending on the circumstances. The lawsuit will seek damages for your injuries, which may include medical expenses, lost wages, pain and suffering, and other related costs.
Throughout the litigation process, your attorney will gather evidence to support your claim, including documentation from the FDA recall, records from other victims, and expert testimony on food labeling practices. The discovery phase allows both sides to exchange information and determine the full extent of liability. If the manufacturer is found to have been negligent, they may be required to compensate victims for the harm caused by their failure to properly label the product.
Why You Need an Attorney for a Food Allergy Lawsuit
Product liability cases involving food allergens can be complex, and having an attorney who understands these types of claims is crucial. Food manufacturers and distributors often have strong legal teams defending against these lawsuits, so working with an experienced attorney ensures that your rights are protected. Your attorney will guide you through each step of the legal process, from gathering evidence to negotiating settlements or representing you in court.
In addition to managing the legal aspects of your case, an attorney will help ensure that you meet all filing deadlines, including the statute of limitations. In most cases, the statute of limitations for product liability claims is limited to a few years, so it’s essential to act quickly. Your attorney will also handle negotiations with the manufacturer’s legal team to pursue a fair settlement that fully compensates you for your injuries and losses.
By working with an attorney, you can focus on your recovery while knowing that your legal case is in capable hands. The goal of a product liability lawsuit is to secure compensation that addresses both the immediate medical expenses and the long-term impact of the injury, including emotional suffering and lost earnings.
Damages Recoverable in a Product Liability Lawsuit
Victims of undeclared allergens in food products may be entitled to several forms of compensation. Medical expenses are often the most immediate concern, especially if emergency treatment, hospitalization, or ongoing care is required. In addition to medical costs, victims may recover compensation for lost wages if the allergic reaction results in time away from work or long-term disability.
Pain and suffering are also a significant component of damages in food-related product liability cases. The physical pain of the allergic reaction, along with the emotional trauma of the event, can have lasting effects on victims and their families. Courts may award compensation for both the physical and emotional toll of the injury.
In cases where the manufacturer’s conduct was particularly negligent, punitive damages may also be available. These damages are intended to punish the company for its reckless behavior and to deter similar actions in the future. For victims of undeclared allergens, securing compensation through a lawsuit can help ease the financial burden of recovery and ensure that companies are held accountable for their dangerous practices.
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