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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

  1. 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.

  2. 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.

  3. Complain to FDA.

  4. 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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