Why You Should Keep the Food Packaging in a Food Poisoning or Allergy Contamination Case

Food poisoning and allergy contamination cases can have serious legal and medical consequences. If you or a loved one has suffered from foodborne illness or an allergic reaction due to contaminated or mislabeled food, retaining the food packaging is one of the most crucial steps you can take to strengthen your legal claim. In Illinois, courts have recognized the importance of preserving evidence to prove liability in food-related injury cases. Below, we discuss why keeping the packaging is vital and how not keeping the original packaging can impact your case.

The Role of Food Packaging as Evidence

Food packaging plays a critical role in proving liability in cases of food poisoning and allergic reaction personal injury cases. It can help establish:

1. The Manufacturer and Distributor – Identifying the responsible party is essential in a product liability claim. Packaging contains crucial details such as the brand, lot number, expiration date, and manufacturing location.
2. Ingredient Lists and Allergen Warnings – In cases of allergic reactions, the ingredient list and allergen warnings on the packaging are key in proving mislabeling or failure to warn.
3. Storage and Handling Instructions – Labels often provide guidance on how food should be stored and prepared. If contamination resulted from a deviation from these instructions, it might impact liability.
4. Chain of Custody – Retaining the packaging ensures that you can prove the origin of the contaminated product, which is essential in tracing outbreaks and linking illnesses to specific food sources.
5. Regulatory Compliance – Food labels must comply with FDA and Illinois Department of Public Health (IDPH) regulations. Improper labeling or failure to include required warnings can establish negligence.

How Food Packaging Strengthens Your Legal Claim

When pursuing a food poisoning or allergy-related claim in Illinois, plaintiffs must establish the following elements:

1. The food was contaminated or mislabeled.
2. The contamination or mislabeling directly caused the illness or reaction.
3. The plaintiff suffered damages, such as medical expenses or lost wages.
4. The defendant was negligent or strictly liable under Illinois product liability laws.

Food poisoning cases in Illinois are often litigated under strict liability, negligence, and breach of warranty theories. The retained packaging can help prove these claims by linking the contaminated product to the responsible manufacturer, supplier, or retailer.

Preserving the Food and Packaging Properly

To ensure the best chance of success in a food poisoning or allergy contamination claim, follow these steps when preserving the food packaging:

1. Do Not Discard the Packaging – Keep all food wrappers, boxes, or containers, as they contain key information.
2. Store the Contaminated Food Properly – If possible, place the food in a sealed container and store it in the freezer to prevent decomposition.
3. Take Photos – Document the packaging, ingredient list, expiration date, and any unusual appearance of the food.
4. Seek Medical Attention – A doctor’s diagnosis can help link your symptoms to the contaminated food.
5. Contact an Illinois Product Liability Attorney – A food poisoning attorney can guide you on how to handle the packaging and food sample to ensure it remains admissible in court.

The Impact of Illinois Food Safety Regulations on Food Poisoning and Allergy Contamination Cases

Illinois food safety laws, governed by the Illinois Food, Drug and Cosmetic Act (410 ILCS 620), require accurate food labeling and prohibit the sale of adulterated or contaminated food. Under these laws, businesses that fail to ensure the safety of their products can be held liable for injuries caused by contaminated food.

For example, in Harris v. Kellogg Sales Co., the court examined whether mislabeling constituted a deceptive business practice. The case underscored the significance of packaging in proving liability. Retaining packaging showing misleading ingredient claims or allergy warnings can be crucial in similar cases.

Contact the Top-Rated Illinois Food Poisoning Lawyers at John J. Malm & Associates

In food poisoning and allergy contamination cases, food packaging serves as a cornerstone of evidence. Retaining it can significantly strengthen your claim by proving the source of contamination, demonstrating labeling errors, and establishing liability under Illinois law. If you or a loved one has suffered due to a contaminated or mislabeled food product, contact the acclaimed Illinois injury attorneys at John J. Malm & Associates to ensure that your rights are protected. We offer free consultations, with no fee unless you win.