COVID-19 NOTIFICATION: To protect your safety in response to the threat of COVID-19, our staff is still available to serve you during our normal office hours. We are offering our clients and potential clients the option to connect with us via telephone, email and video-conferencing. Please call or email us to discuss your options.

When West Virginia residents head to the store, it is expected that products are properly labeled. This includes everything from medications to foods. When an allergen statement is incorrect or an ingredient is not listed on the ingredient label for food products, it can become extremely dangerous for those with allergies. Individuals with a wheat allergy will want to pay close attention to this week’s dangerous or defective products.

Herr’s has recently recalled some of its bags of Sour Cream & Onion Potato Chips. Apparently, there has been a packaging error that informs customers that the chips are gluten-free when they are not. The back panel of the chips does show that wheat is an included ingredient, and the allergen statement (Contains Wheat) is listed on the bag of chips. However, the front of the package says “Gluten Free”. The bags impacted are only the small, 1.875 ounce bags, which were sold through Internet sales and also distributed nationwide — all as individual bags.

For those who do not have a wheat allergy, the consumption of these potato chips are fine. However, for those who do have an allergy to wheat and related products, they could become very sick from an allergic reaction. As of right now, Herr’s has not received any reported incidents of someone falling ill.

It seems as if Herr’s has caught this issue ahead of time. However, this doesn’t mean that no one has been hurt or will not be hurt. All it takes is a simple mistake on the bag to turn someone’s life upside down. When this happens, West Virginia victims have the right to consider their legal options, which could include a legal claim against the manufacturer of the dangerous or defective products that caused them harm. If negligence on the company’s part can be demonstrated, injured victims may be able to receive compensation to help cover any financial damage, such as medical expenses, that incurred.

Source: 6abc.com, “Herr’s recalls potato chips due to incorrect ‘gluten free’ label“, Oct. 28, 2015