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Author Topic: US: Bakery cookie death and suit with Publix cookie  (Read 2401 times)

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Offline tigerlily

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US: Bakery cookie death and suit with Publix cookie
« on: March 26, 2015, 08:56:53 AM »
http://abcnews.go.com/US/wireStory/lawsuit-boy-11-died-allergic-reaction-publix-cookie-29902161

Potentially post to "In Memory Thread". I did not see with a quick check.

I've been assured multiple times by the bakery workers that their product on shared equipment is safe for PN/TN. We still avoid. Often told by parents of those with "mild" nut allergies that we are hyper vigilant and they always eat bakery goods. I say our experiences vary--you've only treated with Benadryl, we've had to use the Epi and experienced just how fast our lives can turn upside down.

Sad and tragic for all involved.
DS1-PA, TNA, SFA
DS2-NKA

Offline tigerlily

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Re: US: Bakery cookie death and suit with Publix cookie
« Reply #1 on: March 26, 2015, 08:59:19 AM »
DS1-PA, TNA, SFA
DS2-NKA

Offline lakeswimr

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Re: US: Bakery cookie death and suit with Publix cookie
« Reply #2 on: March 29, 2015, 05:46:16 PM »
http://abcnews.go.com/US/wireStory/lawsuit-boy-11-died-allergic-reaction-publix-cookie-29902161

Potentially post to "In Memory Thread". I did not see with a quick check.

I've been assured multiple times by the bakery workers that their product on shared equipment is safe for PN/TN. We still avoid. Often told by parents of those with "mild" nut allergies that we are hyper vigilant and they always eat bakery goods. I say our experiences vary--you've only treated with Benadryl, we've had to use the Epi and experienced just how fast our lives can turn upside down.

Sad and tragic for all involved.


I worry about people who eat things like that.  Threshold can change and xcontam isn't some standard thing.  It can and does change.  I would suspect it is possible the child's doctors did not let the family know how risky baked goods are. 

Offline Macabre

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Re: US: Bakery cookie death and suit with Publix cookie
« Reply #3 on: March 30, 2015, 06:59:44 AM »
This lawsuit is misplaced. Nobody--including the store--is required to label for shares equipment. The FDA needs to change its labeling law period.

And since there are parents who are not reaching out to get the information they need to keep their children safe--and also adults who themselves are allergic--maybe FARE needs to do a campaign--complete with Internet ads, billboards, and Tv spots that say: If you are allergic to X, don't eat Y. It could cost you your life.

The ads would be shocking to people. And that's a good thing. They would shock those dealing with FAs, manufacturers, bakeries, and classroom parenta of kids without food allergies.

I don't care that some people with FAs have a lower threshold. As Lakeswimmr said, thresholds change. There are things you should  not do if you have FAs period. And some of the info would leak to other counties.


This boy's death is so, so tragic. But it didn't have to happen. And it wasn't the store's fault if the issue was cross contamination.  It was FALCPA as it currently stands and the lack of information that killed this child.
Me: Sesame, shellfish, chamomile, sage
DS: Peanuts

Offline Macabre

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Re: US: Bakery cookie death and suit with Publix cookie
« Reply #4 on: March 30, 2015, 07:33:28 AM »
From a different article:
http://www.al.com/news/birmingham/index.ssf/2015/03/shelby_county_family_sues_publ.html

"Wood's family asks that the grocery store be declared liable under the Food Allergen Labeling and Consumer Protection Act "to raise awareness of potential fatal food allergies in American children." The family also claims Publix was negligent for not labeling its baked goods and identify any allergens, for not posting signs warning of potential allergens or cross-contamination, or for not properly training its employees to respond to questions about food allergens."


So did the cookie actually contain treenuts, or was it may contain?
Me: Sesame, shellfish, chamomile, sage
DS: Peanuts

Offline maeve

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Re: US: Bakery cookie death and suit with Publix cookie
« Reply #5 on: March 30, 2015, 09:11:42 AM »
The cookie actually contained tree nuts (walnut), and they were told otherwise by a store employee. 
"Oh, I'm such an unholy mess of a girl."

USA-Virginia
DD allergic to peanuts, tree nuts, and egg; OAS to cantaloupe and cucumber

Offline Macabre

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Re: US: Bakery cookie death and suit with Publix cookie
« Reply #6 on: March 30, 2015, 09:50:21 AM »
Oh--wow. Okay. I take back a lot of what I said then. I haven't seen that. From what I read, which included a statement that the mom took a bite first, I thought it was a matter of XC.

I still think an information campaign about safety would be effective. IMHO allergists need to be telling patients to avoid bakeries altogether. They need to have a safety educational component to their appointments and testing f/u.

The allergist who tested DS gave us a FAAN card about what to avoid. He told us specifically do not go to an ice cream parlor because of XC. Do not go to Asian restaurants. Be very leery of any ethnic restaurant. He probably told us to avoid bakery sweets as well, because we did. Education needs to happen with a FA dx.  And if doctors aren't going to do it (it's ckear many don't), an org like FARE should. We all make mistakes with FAs.  We all do. Eating away from home is a risk. Always. But I think education can reduce the risk.
Me: Sesame, shellfish, chamomile, sage
DS: Peanuts

Offline YouKnowWho

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Re: US: Bakery cookie death and suit with Publix cookie
« Reply #7 on: March 30, 2015, 09:57:54 AM »
Over the bakery, deli, meat and produce department in Publix it clearly says all products have been in contact with the top-8. 

The label says it contains walnuts. 

What more do they want??
DS1 - Wheat, rye, barley and egg
DS2 - peanuts
DD -  tree nuts, soy and sunflower
Me - bananas, eggplant, many drugs
Southeast USA

Offline Macabre

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Re: US: Bakery cookie death and suit with Publix cookie
« Reply #8 on: March 30, 2015, 11:29:24 AM »
How long have you noticed that YKW?

Could it be that different local management has an impact on that?
Me: Sesame, shellfish, chamomile, sage
DS: Peanuts

Offline Macabre

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Re: US: Bakery cookie death and suit with Publix cookie
« Reply #9 on: March 30, 2015, 12:01:20 PM »
http://www.usatoday.com/story/money/business/2015/03/24/family-sues-publix-wrongful-death/70381282/

Quote
According to the lawsuit, before purchasing the cookie, Cline was told by a supermarket associate that a chocolate cookie, called a "Chocolate Chew," did not contain any tree nut allergens.

No label on the cookie disclosed the presence of allergens or a list of ingredients, the lawsuit said.

When the family returned home, Cline took a bite of the cookie, saw there were no nuts, and gave the rest to her son. Landon had three bites of the cookie and was sure there was something in it because his mouth was burning, the lawsuit said.

The cookie did contain walnuts.
Me: Sesame, shellfish, chamomile, sage
DS: Peanuts

Offline Macabre

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Me: Sesame, shellfish, chamomile, sage
DS: Peanuts

Offline YouKnowWho

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Re: US: Bakery cookie death and suit with Publix cookie
« Reply #11 on: March 30, 2015, 12:48:54 PM »
How long have you noticed that YKW?

Could it be that different local management has an impact on that?

At least 7 years - huge panic attack when I saw them (comfort level issues at the time).  Every single store in our area and several stores in FL.

I will say this from past experience in regards to asking the counter help - they are completely clueless.  They were telling others there was gluten in the rotisserie chickens, but the label did not.  So it was news to me when someone posted that the chicken was not safe as my son eats it.  Moment of false hope that he was outgrowing but email back said no, label was correct and they would retrain staff.

The reality is though - who walks into your average grocery store bakery and expects it to be free of peanuts and tree nuts??  Several of the cookies within the bakery have visible tree nuts.  I have also found Publix to be exemplary labelers. 

And I worry about the lawsuits and what impact it will have on all of us :/

DS1 - Wheat, rye, barley and egg
DS2 - peanuts
DD -  tree nuts, soy and sunflower
Me - bananas, eggplant, many drugs
Southeast USA