November 7th, 2024 (Chicago, IL) – On September 5th, 2024, Hammond’s Candies of Denver, Colorado recalled their 4oz bags of dark chocolate filled mini waffle cones due to undeclared milk found in the product. Recently, the FDA updated this recall to include a “class II” risk level, the second-highest risk level for recalls.
The affected products were in 4oz, stand-up, resealable bags with a UPC of 6 91355 90513 5, Hammond’s number FC23212, and product code LN0525453 (use by date 03/20/25) and LN0525453 (use by date 05/20/2025).
The Hammond’s waffle cone recall was initiated due to a consumer report of an allergic reaction experienced after consumption of the product. This prompted the company to test their products, which lead to the discovery of milk proteins within the product. Milk is not declared on the packaging at this time. Undeclared allergens can easily turn an unassuming product into an unreasonably dangerous product, should a person afflicted with these allergies consume them. The investigation into the cause is currently ongoing.
What Are FDA Recall Risk Levels?
When a product is recalled, the FDA assigns it a risk level. These levels are referred to as classes, and have the roman numerals I, II, or III.
- Class I: This is the highest risk level. This means the product has a reasonable probability of causing serious harm or death
- Class II: This is the second-highest risk level. This level means the product may cause serious, yet medically reversible, health consequences, or there is a remote probability of serious health issues.
- Class III: This is the lowest risk level. This level means the product has little to no risk of causing harm or serious side effects.
These classes are meant to classify the risk level recalled products have towards the public. Regardless of what the risk level may be, it is important to take a recall seriously and follow any instructions issued by the issued recall notice.
What Is a Milk Allergy?
Milk allergies are atypical immune responses to the presence of milk proteins found in milk and products containing milk. It is most commonly caused by cow’s milk, however, goat’s milk, sheep’s milk, and other types of animal milk may cause allergic reactions as well. The proteins most often responsible for these allergic reactions are Casein and Whey. Casein is found in milk solids, otherwise known as curds (also found in yogurts and cheeses), at about 80% of its protein value. It gives milk it’s white color. Whey is found in the liquid part of milk after it curdles and accounts for about 20% of its protein value.
Symptoms of Milk Allergy
Symptoms of milk allergies may vary from person to person, however, common symptoms include
- Hives
- Nausea/vomiting
- Abdominal pain
- Diarrhea
- Itching
- Tingling or swelling of the lips, tongue, or throat
A more serious side effect is anaphylaxis, which may result in death if left untreated. Other serious side effects include chest tightness, trouble breathing, shortness of breath, hypotension, loss of consciousness, wheezing, and dizziness.
The Difference Between a Milk Allergy and Intolerance
Milk allergies and Milk intolerances differ in the way that an intolerance doesn’t involve the immune system, rather, it involves the digestive tract. The symptoms are different as well, and include digestive problems, such as bloating, gas, or diarrhea after consuming products containing milk.
What to Do With Recalled Products
What you should do with recalled products depends on the specific recall, but generally, if you are in possession of a recalled product, you should not consume it. Return it to the place of purchase for a full refund. Do not feed recalled products to pets or other people. Clean any surfaces that came into contact with the product thoroughly, and wash your hands after handling the product. Watch for any signs of adverse health issues relating to the product recall. The FDA often sends out a notice detailing the recall and what you should do.
If you or a loved one consumed a product containing undeclared allergens and suffered illness or injury as a result, it is important to contact a product liability attorney as soon as possible to seek compensation for your damages. There is a statute of limitations that applies to these types of claims that limits how long you have to file a product liability claim. Your attorney can help you understand what to do if you consumed a recalled product and whether you have a claim against the manufacturer or other liable parties.
Who Can Be Held Liable in a Product Liability Claim?
Various parties, from the product manufacturer all the way to the stores selling the product, can be held liable for damages. Products can become dangerous at any point in the supply chain, from manufacturing to shipping, and even the way the product is stored in shops. As such, it is often difficult to know who to hold liable. An experienced attorney can investigate the cause of the product’s dangerous condition and help you hold the responsible parties liable for your losses.
The skilled attorneys at Ankin Law have more than 100 years of combined experience handling product liability claims. Contact us and tell us your story. We offer free consultations, and there are no attorney fees unless we win your case. Call (312) 600-0000 for more information on how we can help you.
