Products Liability

After boy's death from allergic reaction to cookie, family sues; says store violated labeling laws

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The family of an 11-year-old who died after eating a chocolate chip cookie that may have contained nuts has sued the supermarket chain that sold it.

Filed in federal court in Nashville, Tenn., the suit contends that an employee at a Publix store outside the city misinformed the mother of Derek Landon Wood, when she asked him whether the cookie contained nuts, that it was nut-free, reports AL.com. Wood, who was highly allergic to tree nuts, allegedly died as a result of anaphylactic shock caused by the cookie. The Associated Press also has a story.

In addition to claiming that the chain failed to train its employee properly, the suit also alleges several labeling violations. It says Publix Super Markets Inc. violated the federal Food Allergen Labeling and Consumer Protection Act, should have labeled its baked goods to list potential allergens and failed to post warning signs concerning potential cross-contamination.

“We were very sorry about the loss of this young man. Our prayers go out for him and his family,” supermarket spokeswoman Brenda Reid told AL.com in an email. “However, since this is an open case, Publix will not be able to comment about this any further.”

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