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.