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Incorrectly Labeled Food Products Remain Dangerous For Those With Allergies

Food Safety Advocates Are Calling For Reform After Dancer Died Due To Incorrectly Labeled Cookies

Incorrectly Labeled Food Products Remain Dangerous For Those With Allergies

NEW YORK, NEW YORK (February 3, 2024) – A 25-year-old dancer with a peanut allergy has tragically died after eating cookies that were labeled incorrectly.

The cookie involved in the incident were Vanilla Florentine cookies sold by the Stew Leonard’s supermarket company.  The cookies did not list peanuts among the ingredients.

The supermarket chain has issued a recall in coordination with the food and drug administration. A full investigation into the death of the dancer involved in this incident remains ongoing at this time.

Liability For Deaths Involving Wrongly Labeled Foods

Food allergies remain very common among both children and adults. According to the Food Allergy Research and Education, “More than 170 foods have been reported to cause allergic reactions. Nine major food allergens – milk, egg, peanut, tree nuts, wheat, soy, fish, crustacean shellfish, and sesame – are responsible for most of the serious food allergy reactions in the United States.” It has been estimated that nearly 33 million Americans have food allergies. There are a number of symptoms commonly associated with food allergies.

  • Feeling dizzy or lightheaded
  • Itchy skin
  • Swelling of the lips
  • Diarrhea
  • Coughing

In severe causes, a food allergy can cause a life-threatening anaphylactic shock. When this occurs, a person’s airways may close which can restrict breathing. Peanut allergies can be particularly dangerous because peanuts are in so many different foods including french fries, sauces, deli meats, pet foods and gluten-free treats. Depending on the facts of any case, a food company could be liable if someone is injured by one of their products.

Food companies have a legal obligation to adhere to health and safety standards. They must also correctly label all of the ingredients in their products. When a food manufacturer fails to correctly label known food allergens, this could form the basis of a product liability claim. It is important that certain steps are taken after any injury caused by an allergic reaction.

  • Medical records related to the incident should be preserved.
  • The packaging for the food involved in the incident should be kept.
  • Eye witnesses should be interviewed.
  • An experienced personal injury attorney should be contacted.

A severe allergic reaction can lead to serious injury or death. It has been estimated that 13 people each year die from severe peanut food allergies. Victims of mislabeled foods do have rights. The family of any person that died due to an incorrectly labeled food product may be able to seek some measure of justice through a civil claim. A wrongful death attorney can examine all of the unique facts of your case and let you know what your legal options are.

Investigating Deaths Involving Wrongly Labeled Foods

We at Gersowitz Libo & Korek, P.C. were deeply concerned to learn about the tragic death of this young dancer in New York. This tragedy highlights the dangers of having foods incorrectly labeled. It is our sincere hope that steps are taken to prevent other tragedies like this. 

Have you or someone that you care about been harmed by incorrectly labeled foods? There are a number of laws designed to protect your rights. Our team of personal injury attorneys are here to answer any questions that you may have. Whether you just have legal questions or need any type of support we are here for you. You can reach out to us anytime at (516) 908-9792.


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Jeff Korek

Jeff S. Korek

Senior Trial Partner​

Jeff S. Korek joined Gersowitz Libo & Korek, P.C. in 1992 as the Senior Trial partner. Known for his meticulous preparation and dedication to his clients, Jeff has obtained some of the state’s highest verdicts and settlements.