Whole Foods Food Allergy Lawsuits 

If you or a loved one has suffered from food allergies due to products purchased from Whole Foods, you deserve justice. Our dedicated team of food allergy lawyers specializes in representing victims who have been harmed by contaminated or mislabeled food bought from Whole Foods Market. To arrange a free consultation today, call (833) 330-3663 or message us online.

Why Choose Our Firm?

At The Lange Law Firm, we bring extensive experience to handling lawsuits related to food allergies poisoning. Clients entrust us with their cases for several reasons:

• Proven Track Record: We specialize in Food Allergy lawsuits and have secured millions of dollars in compensation for our clients in cases related to unsafe food.
• Advocacy for Food Safety: We firmly believe that food sold for profit should meet safety standards, and we advocate for victims affected by negligent practices and allergen mislabeling.
• Nationwide Representation: With a nationwide food safety practice, we have assisted victims of severe food poisoning across the United States.
• Compassionate Support: Clients turn to us in their time of need, and we are dedicated to providing them with the help necessary to rebuild their lives. Our clients are more than just cases; they are like family to us.
• Recognition from Prominent News Sources: Highlights our proficiency in providing food safety guidance and strengthens our firm’s steadfast commitment to championing the rights and interests of our clients.”

When you choose The Lange Law Firm, you are choosing experienced and dedicated legal advocates who will fight tirelessly to protect your rights and seek justice for your suffering.

What is a Whole Foods Food Allergy Lawsuit?

The U.S. Food and Drug Administration (FDA) has issued a warning to Whole Foods Market, highlighting a concerning pattern of selling misbranded food products lacking proper allergen labeling. Between February 2022 and February 2024 alone, Whole Foods Market has recalled more than 30 food items due to the omission of major food allergens on their labels. This troubling trend of undeclared allergens in Whole Foods products has been observed by the FDA in previous years as well, particularly in items sold in the deli and bakery sections of the store under the Whole Foods brand.

As a result, our firm is representing victims who have suffered harm due to food allergies resulting from Whole Foods products. We understand the serious consequences of allergen mislabeling and are committed to holding Whole Foods accountable for their negligence.

The potential repercussions of food sold with undeclared allergens can be severe and even life-threatening. Consumers may unknowingly consume ingredients that could trigger allergic reactions that can range from mild symptoms such as itching or hives to more serious symptoms such as difficulty breathing, anaphylaxis, or even death.

U.S. Laws on Allergen Labeling

The Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA) is a federal law enacted to improve food labeling requirements for major food allergens. FALCPA mandates the following:

SEC. 203. FOOD LABELING; REQUIREMENT OF INFORMATION REGARDING ALLERGENIC SUBSTANCES.

• (w)

“(1) If it is not a raw agricultural commodity and it is, or it contains an ingredient that bears or contains, a major food allergen, unless either–

• “(A) the word `Contains’, followed by the name of the food source from which the major food allergen is derived, is printed immediately after or is adjacent to the list of ingredients (in a type size no smaller than the type size used in the list of ingredients) required under subsections (g) and (i); or
• “(B) the common or usual name of the major food allergen in the list of ingredients required under subsections (g) and (i) is followed in parentheses by the name of the food source from which the major food allergen is derived…”

Under this law, food manufacturers must clearly label the presence of common allergens, such as peanuts, tree nuts, milk, eggs, soy, wheat, fish, and shellfish, on packaged food products sold in the U.S. Thereby reducing the risk of accidental allergen exposure and allergic reactions.

How Do I Know If I Can File a Whole Foods Food Allergy Lawsuit?

If you’ve experienced an allergic reaction after consuming food from Whole Foods, you may be eligible for compensation through a food allergy lawsuit. Generally, you must have been diagnosed with an allergic reaction to a food product and provide evidence linking your symptoms to a contaminated or mislabeled food item purchased from Whole Foods Market.

Identifying the source of your reaction can be challenging, so it is crucial to seek legal assistance promptly. We offer free, no-obligation consultations. Our experienced food allergy lawyers can evaluate your circumstances and determine if you may be eligible to file a food allergy lawsuit for compensation.

High Profile Whole Foods Food Allergy Lawsuits

Jeff and Debbie Spano filed a lawsuit against Whole Foods Inc. in 2021, citing various legal grounds, including product liability, deceptive trade practices, marketing and manufacturing defects, loss of earnings, negligence, and breaches of implied and express warranties under Texas law.

The lawsuit stemmed from an incident where a family friend purchased a cupcake labeled “Vegan” from Whole Foods Market and gave it to the Spanos’ child. Their 7-year-old son suffered a severe allergic reaction after consuming the cupcake, prompting his father to administer epinephrine before rushing him to the hospital.

Following the incident, the child encountered numerous psychological challenges related to eating and social interactions. Consequently, his mother was compelled to resign from her job to provide full-time care for her son.

Initially, the Federal District Court dismissed the case on grounds that consumers lacked the right to private action under the FD&C Act. However, the case saw a turnaround when a 3-judge panel overturned the dismissal in April 2023, remanding further proceedings.

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What Damages Can I Recover in a Whole Foods Food Allergy Lawsuit?

In a Whole Foods food allergy lawsuit, you may be eligible to recover various types of damages, depending on the specifics of your case. These damages may include:

• Medical Expenses: You can seek compensation for past, present, and future medical expenses related to treating your allergic reaction, including hospital bills, doctor’s visits, medication costs, and therapy expenses.
• Lost Wages: If your allergic reaction resulted in time off work or diminished earning capacity, you may be entitled to recover lost wages or future income.
• Pain and Suffering: You can pursue compensation for physical pain, emotional distress, and mental anguish caused by the allergic reaction and its aftermath.
• Disability or Impairment: If your allergic reaction resulted in a long-term disability or impairment that affects your ability to work or enjoy life as you did before, you may be entitled to damages for these losses.
• Loss of Consortium: If your allergic reaction has negatively impacted your relationship with your spouse or family members, they may be entitled to compensation for loss of companionship, support, or services.
• Punitive Damages: In cases where the defendant’s conduct is deemed particularly reckless or egregious, you may be awarded punitive damages as a deterrent and punishment for their actions.
• Legal Fees and Costs: You may also be able to recover reasonable attorney’s fees and litigation costs associated with pursuing your food allergy lawsuit against Whole Foods.

An experienced food allergy lawsuit attorney can assess your case’s specifics and determine the types and amount of damages you may be eligible to recover.

Contact Us Today

If you or a loved one has been harmed by food purchased from Whole Foods, don’t hesitate to contact The Lange Law Firm for a free consultation. We will fight tirelessly to protect your rights and seek justice for your suffering. Arrange a free consultation today by calling (833) 330-3663 or messaging us online.