How mislabeled food can cause harm—and what victims can do about it

People who have food allergies know the importance of reading a label. 

For those with severe food allergies, even a trace amount of an allergen can cause anaphylaxis or even death. Sometimes, it could even result from cross-contamination; in other words, the actual allergen is not in the food, but it was processed on machines that had also processed the allergen. When such failures occur, a food safety violation lawsuit may hold negligent parties accountable for the harm caused. 

The Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA) requires that “food labels identify the food source of all major food allergens used to make the food. This requirement is met if the common or usual name of an ingredient already identifies that allergen’s food source name (for example, buttermilk). The law also requires that the type of tree nut (for example, almonds, pecans, walnuts), and the species of fish (for example, bass, flounder, cod) and Crustacean shellfish (for example, crab, lobster, shrimp) to be declared.”

There are two ways to meet this requirement. One is to have the allergen listed in parentheses in the ingredient list. For example, if an ingredient is “whey,” it must say, “whey (milk),” since milk is one of the major allergens. The other way to do this is a “contains” statement. After or beside the ingredient list, the package can include a bold list that says, for instance, “Contains wheat, milk, and soy.”

What are the major food allergens?

Of note, sesame was added to the allergen list effective January 1, 2023. It is possible that it might not show up on allergen lists on some packages, so a person allergic to sesame should be extra vigilant in making sure it’s not included in their food. 

A person could be allergic to anything at all, but these are dubbed the “Big 9.” However, more than 170 foods have been reported to cause allergic reactions.

Symptoms of a food allergy

Exposure to certain allergens could cause a person to have a reaction called anaphylaxis, which leads to a constricted airway, severe lowering of blood pressure and shock, and suffocation by swelling of the throat and larynx.

Why are there lawsuits over undeclared allergens?

If an undeclared allergen caused a consumer to have an allergic reaction, they may file a product liability lawsuit against the product’s manufacturer, retailer, or distributor. 

There are three causes of action for an undeclared allergen lawsuit:

• Negligence. The manufacturer is liable if they failed to properly label the product. 
• Strict liability. Strict liability is a legal doctrine that holds a party responsible for their actions or products without the plaintiff having to prove fault or intent.
• Breach of warranty. The manufacturer did not meet its warranty obligations.

What must you prove in an undeclared allergen lawsuit?

To have a successful undeclared food allergen lawsuit, you will need strong evidence of the following:

• The manufacturer either failed to inform about the presence of allergens, mislabeled the product, or did not provide sufficient warnings about cross-contamination in the manufacturing process. 
• There is a direct link between the allergic reaction and the allergen that wasn’t listed. 
• The manufacturer breached its duty of care by failing to adhere to labeling laws, using proper allergen control measures, or conducting appropriate testing. 
• The information shared about the product’s nutritional content was misleading or false.

How to gather evidence for an undeclared allergen lawsuit

Save everything!

You will need to have the package that fails to appropriately display allergen information, along with documentation from a medical professional that specifically links your allergic reaction with exposure to the allergen that should’ve been listed. If you suffer an allergic reaction because of exposure to an allergen that was required by law to be listed, and wasn’t, seek a medical exam immediately. Let the doctor know that your medical chart must include the type and severity of reaction, and that the reaction is linked to consuming a particular allergen.

What damages can you claim from an undeclared allergen lawsuit?

You can claim the same types of damages as you could with any other personal injury lawsuit:

• Medical treatment 
• Lost wages, or lost future earning capacity 
• Emotional distress, or other trauma or PTSD
• Death benefits for survivors, if the victim has died from the allergic reaction

Undeclared allergen food recalls [2025]

Lay’s potato chip recall 2025

Lay’s potato chips were issued a Class I recall because some bags contained undeclared milk, which is on the top food allergens list. Frito-Lay announced that more than 6,000 bags sold in Oregon and Washington contained undeclared milk in December 2024. In January 2025, the FDA escalated it to a Class I recall, which is the highest and most serious level of classification.

My Mochi sorbet recall

My Mochi sorbet in peach mango flavor, sold in stores like Target, Walmart, and other big-box supermarkets, was recalled in February 2025. More than 1,000 cases of the product were recalled because pasteurized cooked egg white was included but wasn’t listed as an ingredient. Two minor allergic reactions were reported.

JE Bakery Raisin Bran Muffins recall

In this instance, packages labeled “raisin bran muffins” were actually “Glorious Morning Muffins,” which contain walnuts that were not listed on the label. The muffins are branded under Country Market, Cub Foods, and Jerry’s Food labels and had a sell-by date of February 18, 2025.

Candy Basket recall

Candy Basket recalled orange, lemon, marionberry, and raspberry jelly sticks because of undeclared Yellow #6, Sodium Benzoate, Yellow #5, Potassium Sorbate, Red #3, Blue #1, Propylene Glycol and Red #40. Although these are not common allergens, they can trigger allergic reactions for some people.

Cal Yee Farm chocolate recall

Cal Yee Farm LLC voluntarily recalled some chocolate and yogurt-covered products, dried fruit, nut mixes, and snacks in December 2024 because they might contain undeclared milk, soy, wheat, sesame, FD&C #6 and almonds.

These products were sold in California, Arizona, Virginia, New Mexico, Texas, Tennessee, Oregon, Ohio, Pennsylvania, and online. The full list of affected products is here.

Quaker Oats pancake and waffle mix recall 2025

10,000 boxes of Quaker Oats Pearl Milling Company original pancake and waffle mix, dating back to November 2024, were recalled in early 2025. The products were found to contain undeclared milk. 

If you’ve had an allergic reaction to an undeclared allergen from food, you might have recourse. Your first move is to obtain medical documentation of the reaction. Next, you can contact a personal injury attorney to assess your legal options.

For a related case involving product safety, read our article: FDA Recalls DermaRite Hand Soap for Safety Concerns.