If you own a business that deals in the distribution of food, you are most likely familiar with the Food Allergen Labeling and Consumer Protection Act (FALCPA). This act was put together to enforce labeling of products that contain the eight most common food allergens in the United States (eggs, wheat, fish, shellfish, peanuts, tree nuts, soy and milk) and help prevent unnecessary allergic reactions in people with food allergies.
When you sell foods you want your customers to enjoy them without worry of having an allergic reaction from an unknown ingredient. Having the FALCPA in place can help make that much easier. However, there may be times when even the most prominent labeling and disclosure of your ingredients can still be overlooked by your customers. In those cases, you could be sued for the allergic reaction your customer may have.
While it would be unfortunate for anyone to have a reaction to your products, you still most likely will not be held liable for their misfortune. But defending yourself can be costly. Paying lawyers to defend your business and hiring research teams to find out the cause of the problem can be a financial burden for not only your business, but your personal bank account as well.
Thankfully your business liability insurance policy will help pay for the legal costs you will endure in your business if a case like this were to happen. But your best bet is to research the laws in your jurisdiction regarding food allergies and your customers. Having the knowledge in your arsenal beforehand can prevent lawsuits from coming. Proper labeling and following all the laws can protect you and your business. If you have any questions about food allergy laws or how your business liability insurance will protect you, give us a call and we can help.
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