Allergic Reactions and Food Labeling in Illinois

 Posted on March 08, 2024 in Food Allergies

Many people are seriously concerned about food allergies, and it is essential that food packaging accurately lists all ingredients to protect consumers. Suppose you have experienced a severe allergic reaction after consuming a product that did not mention wheat on its label. In that case, you may wonder what legal options are available to you, and an Illinois lawyer can help.

Understanding Food Labeling Laws

The Food Allergen Labeling and Consumer Protection Act (FALCPA) is a federal law that requires food manufacturers to list the eight major allergens, including wheat, on their product labels. This law applies to all packaged foods regulated by the FDA. If a product contains wheat but fails to disclose it on the label, the manufacturer may be in violation of FALCPA.

Illinois also has its food labeling regulations, which largely mirror the federal requirements. The Illinois Food, Drug, and Cosmetic Act mandates that food labels must not be false or misleading and must accurately list all ingredients.

Proving Liability in a Food Allergy Case

To successfully pursue a legal claim against a food manufacturer for an undisclosed allergen, you will need to show that:

• The product contained wheat, even though it was not listed on the label.
• You consumed the product and suffered an allergic reaction.
• The manufacturer was negligent in failing to label the product appropriately.
• You suffered damages (medical expenses, lost wages, pain, and suffering) because of the allergic reaction.

Gathering evidence, such as the product packaging, medical records, and witness statements, can help support your claim.

Pursuing Legal Action

If you believe you have a strong case against a food manufacturer for an undisclosed wheat allergen, there are several legal avenues you can explore:

• File a complaint with the FDA: The FDA investigates violations of FALCPA and can take action against manufacturers who fail to comply with labeling requirements.

• File a complaint with the Illinois Department of Public Health: The department enforces state food labeling regulations and can investigate complaints of mislabeled products.

• Contact a personal injury attorney: An experienced attorney can help you evaluate your case, gather evidence, and pursue a legal claim against the manufacturer. In Illinois, you generally have two years from the incident date to file a personal injury lawsuit.

Potential Compensation

If your legal claim is successful, you may be entitled to compensation for:

• Medical expenses related to your allergic reaction.
• Lost wages if you missed work due to your illness.
• Pain and suffering.
• Punitive damages (in rare cases where the manufacturer’s conduct was particularly egregious).

The amount of compensation you receive will depend on the severity of your allergic reaction and the strength of your case.

Contact an Experienced Illinois Food Manufacturing Injury Lawyer

Dealing with a severe allergic reaction caused by an undisclosed allergen can be a traumatic experience. If you have found yourself in this situation, it is important to understand your legal rights and options. By working with an Illinois food manufacturing injury attorney and gathering strong evidence, you may be able to hold the food manufacturer accountable and recover compensation for your damages. There are no guarantees for compensation, but our team is proud to say we have covered over $1 million in food poisoning settlements. Call Newland & Newland, LLP at 312-981-0409 for a free consultation.