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Incorrect nutrition label - public health concern/ gross negligence

Fort Lauderdale, FL |

In one of the best known supermarkets in Florida, I found 2 identical food items having different "nutrition contents" labels - the values mentioned for fat, sugar etc are different. Both the pieces are exactly the same item - from the same producer. I bought both the pieces. Now I am thinking whether the producer will be in a problem if I complain to the FDA? If I get in touch with the producer first, will they be willing to settle the matter without bringing FDA into picture?

Attorney Answers 4

Posted

I have read your note and don't understand why this is a medical malpractice question. Were you harmed by any of the non-listed ingredients? If you are just pointing out the inaccuracies of labeling with no real injury, I don't know that any individual or class action suit would be appropriate. Consumer Reports has a 'back page' to point things like this out (usually about 5-7 per month).

I can't speak for anyone else, but without an injury, I don't know that I could bring any claim in medical negligence. Other attorneys with other specialities might be better equipped to answer your question.

This is not intended as specific legal advice to you or about your case. The only way to provide that is for you to have a conference with an attorney so they can ask you questions about your claim, read records and learn far more than is contained in your note. No attorney-client privilege is established by this response.

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Asker

Posted

Here is what I was thinking - incorrect nutrition label is harmful to health. I have not even consumed the product till now but may be thousands of consumers have consumed it and suffered. Even if the injury isn't big like breaking a bone, it is still harmful that someone has been eating 10g of sugar everyday when he wanted to eat only 4g

Posted

I don't see a legal question here. If it bothers you, you can report the discrepancy to the manufacturer , but I don't see any damages here.

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Asker

Posted

Well you are an attorney so I am sure you are right but it does not make sense to me that someone out there can sell me a product by printing incorrect contents - what if someone was on diet? Because of the manufacturer's mistake, common people will continue to suffer... because they will continue to eat 'x' when they are made to believe that they are eating 'y'

David B Pittman

David B Pittman

Posted

But you did not sustain any damages so you don't have a case. Make the complaint , that's all you can do.

Posted

Complain to FDA.

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Asker

Posted

Now we are talking. If I go to FDA, it might create trouble for the manufacturer (reputation loss, lost business etc). Will the manufacturer be willing to settle the matter with me before I go to FDA? I don't have anything to gain by going to FDA but they have everything to lose. I am looking for an attorney to team up with, send a notice to this manufacturer and see if he is willing to settle it before going to FDA

Posted

As the other lawyers have mentioned, this is not a malpractice question . How have you been damaged? If you wish to get the FDA involved, feel free to complain.

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