Recall Alert LogoOn July 16, a frozen popsicle manufacturer announced the recall of certain batches of its products for mislabeling problems. As has been discussed previously in this blog, when food products are mislabeled, those who are allergic might unknowingly consume the products and suffer injury. As such, the appropriate labeling of food items is essential and legally required to prevent the occurrence of violent and sometimes fatal allergic reactions.

In this latest recall, the pudding pop manufacturer, King of Pops, recalled its Keylime Pie Pops and Banana Puddin' Pops. The labels list wheat, milk, flour, vanilla wafer, graham cracker, egg and/or chocolate as ingredients. However, the recall issue relates to the fact that some instances of milk, egg, wheat and soy may not be appropriately indicated. Milk, egg, wheat and soy are known allergens that could cause certain individuals to suffer from dangerous allergic reactions.

Affected Popsicles Distributed in South Carolina Only

The affected popsicles were distributed in South Carolina. The product codes that apply to them include 59959 00304 and 59959 00305. Consumers who are allergic to soy, egg, wheat or milk should avoid these products at all cost or risk suffering from an allergic reaction.

The labeling defect was first identified by the South Carolina Department of Agriculture during a routine inspection. King of Pops says that it is currently working with the FDA, along with the South Carolina state Department of Health and the state Department of Agriculture. At this time, mislabeled products have been taken off store shelves; however, it is possible that some consumers may still be in possession of the products. Fortunately, no illnesses or injuries have been reported regarding the defective popsicles.

Manufacturers May Be Liable for Injuries from Mislabeled Products

Food manufacturers are governed by various legal standards when it comes to labeling their products. If a manufacturer violates those standards out of negligence or due to some other internal error, the manufacturer might be liable for injuries suffered by allergic individuals who unknowingly consumed the product. In such cases, medical records of the injured individual or individuals and an investigation of what went wrong at the factory to cause the mislabeling will factor heavily in the legal proceedings.

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