Whole Foods Again Faces Suit Over Allergic Reaction to Cupcake

A family alleging a mislabeled Whole Foods Inc. cupcake caused their child to suffer psychological harm after an allergic reaction saw their suit reinstated Friday.

The suit was incorrectly dismissed as preempted by the federal Food, Drug, and Cosmetic Act, the US Court of Appeals for the Fifth Circuit said.

C.S., then 7, has life-threatening allergies to dairy, tree nuts, and fish. His family bought vegan cupcakes from Whole Foods because they were held out as not containing any of the allergens to which C.S. would react.

C.S. experienced a severe reaction in 2018 after eating a cupcake labeled vegan. ...