A civil lawsuit claims that in May 2022, A boy suffered anaphylactic shock three bites into a pizza purported to be dairy-free that was purchased from Whole Foods in Clearwater, FL.
The suit alleges the mother told a store employee:
That the pizza had to be prepared without any dairy ingredients and that no dairy products could come into contact with the pizza, the preparation supplies, the (preparation) surfaces, or its packaging during preparation.
The complaint states that an employee promised her the pizza would be dairy-free and prepared without dairy products and that the woman had made numerous other such orders in the past without incident.
After the pizza was brought home, her son suffered a severe allergic reaction while eating it. She immediately administered epinephrine and called emergency services.
The boy was treated for life-threatening symptoms at nearby Mease Countryside Hospital and admitted overnight.
While the son was on his way to the hospital, the mother contacted the Whole Foods employee who promised her the pizza was free of dairy.
“Shockingly, the Whole Foods staff member, who upon information and belief was the manager of the prepared foods department, stated that the pizza was prepared ‘half dairy-free’ and ‘half dairy,’” the complaint says with nothing separating the two halves.
The parents are now suing Whole Foods for negligence and seeking over $50,000 in damages.
“To this day, (her son) remains fearful of food ingestion and distrusts assurances he receives from restaurant staff that prepared food is safe for his consumption,” the complaint says.
The boy was left with “psychological harm” and “permanent physical injuries” from his severe allergic reaction caused by the pizza, according to the complaint.
The parents are demanding a jury trial.
A spokesperson for Whole Foods declined a McClatchy News request for comment claiming the company doesn’t comment on pending litigation.
