Elliott Warner has filed a civil complaint against Whole Foods Market Group, Inc. and Whole Foods Market, IP, LP. The lawsuit was filed in the Court of Common Pleas of Allegheny County, Pennsylvania on an unspecified date in 2023.
The plaintiff, Elliott Warner, alleges that he suffered severe allergic reactions due to the negligent inclusion of peanuts in a product labeled as "Almond Butter Pretzel Nuggets" under the brand "Whole Foods Market 365." According to the complaint, Warner is an adult residing in Millvale, Allegheny County, Pennsylvania. He contends that Whole Foods Market Group, Inc., a Delaware corporation with its principal office in Austin, Texas, conducted substantial business activities within Pennsylvania and operated multiple retail outlets including one at 5700 Penn Avenue, Pittsburgh.
Warner's complaint details that on December 20, 2023, he consumed the Almond Butter Pretzel Nuggets purchased from Whole Foods by acquaintances who ordered it online for delivery to their home in Wilkinsburg. The product packaging listed almonds as an ingredient but did not mention peanuts or peanut by-products. Warner claims that after consuming the snack at his friends' residence and verifying the labeling himself due to his known peanut allergy, he experienced symptoms of severe allergic reaction necessitating emergency transport to UPMC Shadyside Hospital where he was treated for anaphylactic shock.
The plaintiff accuses Whole Foods of negligence and strict liability for failing to ensure their product was free from peanuts despite labeling it otherwise. Specific allegations include negligent preparation and contamination of food products with peanuts or peanut by-products, failure to conduct timely inspections and adopt reasonable methods to exclude peanuts from non-peanut products, mislabeling the product as safe for individuals with peanut allergies, and failing to warn consumers about potential contamination risks.
Warner seeks damages exceeding $50,000 for pain and suffering, medical expenses including hospitalization and medicines, loss of earnings, impairment of health and vitality, and inability to enjoy ordinary pleasures of life. The complaint demands a jury trial.
The case is represented by Michael Balzarini from Balzarini & Watson law firm based in Pittsburgh. As per court records available so far there is no information about the presiding judge or case ID.