PITTSBURGH - A man who suffered shock from consuming peanuts is suing Whole Foods, claiming its almond butter-filled pretzels contained his allergen.
A lawsuit was filed in May the Court of Common Pleas of Allegheny County by Elliott Warner against Whole Foods Market Group, Inc., and Whole Foods Market, IP, LP.
The complaint alleges that Warner suffered anaphylactic shock after consuming a product labeled as "Almond Butter Pretzel Nuggets" from Whole Foods, which was supposed to be free of peanuts but contained peanut byproducts.
Balzarini
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The plaintiff claims negligence and strict liability on the part of the defendants for failing to ensure the product was safe for individuals with peanut allergies.
Warner ended up at UPMC Shadyside Hospital as a result of eating the pretzels, his suit says.
Warner is seeking damages in excess of $50,000 for medical expenses, pain and suffering, loss of earnings, and other related damages. The case is being handled by attorney Michael Balzarini from the law firm Balzarini & Watson.