What Happened?
Due to a potential hazard, the FDA announced a recall of stuffed Atlantic salmon portions sold at Aldi stores. The product contains soy, an unspecified allergen, which violates federal food labeling requirements. Santa Monica Seafood, based in Rancho Dominguez, California, initiated the recall. The company sold the product in three states:
- California
- Nevada
- Arizona
The 16-ounce portions were sold under “Fresh Never Frozen Stuffed Salmon.” The packaging showed an expiration date of June 2, 2025.
Why it Matters?
Soybeans are on the list of major allergens. According to the Food Allergen Labeling and Consumer Protection Act (FALCPA), they are required to be listed on the package. Consuming even small amounts of soy can cause severe or deadly reactions in allergic individuals.
Although no cases of illness have been reported, an unspecified allergen makes the product potentially dangerous, especially for a specific category of consumers. Additionally, it may expose the manufacturer and seller to legal liability.
What Should Consumers Do?
The FDA recommends that consumers stop consuming the product immediately and return it to the store for a full refund. Those who have already consumed salmon and are experiencing signs of an allergic reaction, namely:
- Difficulty breathing
- Rash
- Facial swelling
It is recommended that you seek medical attention immediately. Customers may also contact Santa Monica Seafood at 1-800-969-8862 Monday through Friday, 8:00 a.m. to 5:00 p.m.
Legal Consumer Rights
Under California law, persons injured by a defective food product have the right to file a lawsuit against:
- The manufacturer
- The supplier or distributor
- Retailer
If consumption of the product caused:
- Bodily injury
- Allergic shock
- Hospitalization
- Psychological trauma
The injured person is entitled to compensation. In such cases, claims are often made based on:
- Inadequate labeling
- Product liability
How Do You Prove Damages?
To file a successful lawsuit, you need to:
- Save the product packaging that does not mention soy
- Document the purchase with receipts
- Obtain medical records for allergic reactions
- Seek the support of an experienced lawyer who specializes in food injury cases
Legal support is critical in such cases, and KAASS LAW has significant experience with defective product liability cases.
Possible Causes of Action
1. Defective product liability. Under California law, manufacturers must ensure product safety. Failure to list an allergen is a labeling violation and grounds for liability.
2. Violation of consumer protection law. Violations of disclosure requirements may mislead consumers. These are also grounds for filing a lawsuit.
3. Causing injury to health. If a soy allergen in the product injures someone, they may seek compensation for:
- Medical expenses
- Physical pain and suffering
- Emotional distress
- Disability (if applicable)
How Can KAASS LAW Help?
KAASS LAW attorneys have deep expertise in:
- Lawsuits involving defective food products
- Allergic reactions due to improper labeling
- Violations of FDA regulations and California law
Our attorneys can help you:
- Evaluate the prospects of your case
- Draft a statement of claim
- Represent your interests in court or during a pre-trial settlement
- Achieve the maximum possible compensation
Legal Liability for Unspecified Food Allergens
Even if no one has reported poisoning or allergic reactions, companies can still face liability for potential health risks. Under California law, manufacturers must properly label products. Failure to do so can be considered manufacturing negligence. Specifically, this applies if it can be proven that the manufacturer knew or should have known of the danger. This could result in a negligence or unfair trade practice lawsuit.
Legal assistance may be particularly relevant if the victim experiences symptoms requiring medical intervention. There is no need to wait for severe consequences; even a mild allergic reaction can be grounds for filing a lawsuit. Consumers have the right to demand protection and reimbursement for:
- Medical expenses
- Compensation for suffering
- Damages due to disability
If you suspect you are in a similar situation, we recommend consulting with a personal injury attorney. For the latest information on food allergens, check out the FDA guidelines and stay tuned for updates on product recalls.
Conclusion
The recall of salmon containing an unspecified allergen shows the importance of adhering to food safety standards. Such violations undermine consumer confidence and pose potential health risks, even without victims. Contact us if you or a loved one experienced harm after consuming this product. Call 844-522-7752 for a free consultation. We are ready to protect your interests and seek justice.