Jury Awards $1.55 Million After Child Hospitalized by Undisclosed Allergen in Chocolate Wafer

A federal jury in Colorado has delivered a $1.55 million verdict against Solen USA, LLC, a distributor of confectionery products, after a child suffered an allergic reaction requiring hospitalization from eating a chocolate wafer containing undisclosed hazelnuts.

The case resulted in a significant federal court ruling finding the company liable for negligence under Colorado law, despite its argument that it did not manufacture the product. Represented by Laurel Francoeur of Francoeur Law Office and Matthew Fenicle of Kontnik Cohen, the child’s legal team pursued claims involving negligence, misrepresentation, and violations of the Colorado Consumer Protection Act.

The lawsuit arose after the child consumed a Biscolata Dark Chocolate Rolled Wafer purchased through Amazon. Neither the product’s packaging nor its Amazon description disclosed hazelnuts, an allergen to which the child was allergic. According to court documents, Solen initially disputed whether the wafer contained undisclosed allergens but changed its position less than a week before trial. The company formally acknowledged that the product contained hazelnuts and that consuming it caused the child’s allergic reaction on November 30, 2020.

A central issue in the case was whether Solen could avoid responsibility because it distributed the wafer rather than manufacturing it. The company argued that it had no control over the product’s ingredients or manufacturing process and therefore should not be held responsible for cross-contamination. US District Judge Gordon P Gallagher rejected that argument, explaining that Colorado law can impose liability on sellers of contaminated food even when they did not manufacture the product. In a November 1, 2026 order, the judge granted the plaintiff’s motion for partial summary judgment, finding Solen liable for negligence per se based on the undisputed facts.

The ruling also highlighted an important distinction between federal and state food-labeling requirements. The court explained that federal law generally does not require manufacturers to list allergens unintentionally introduced through cross-contact in ingredient lists or mandatory “Contains” statements. Precautionary warnings such as “may contain” remain voluntary under federal requirements. However, Colorado law separately prohibits the sale of adulterated or misleadingly labeled foods and requires food products to be fit for consumption. The judge determined that the undisclosed hazelnut contamination violated applicable standards under Colorado law and caused the child’s injuries.

The plaintiffs’ legal team described the decision as the first of its kind in Colorado and suggested that its reasoning could influence similar cases in other states. Although the ruling does not automatically establish binding precedent nationwide, it illustrates how state consumer protection and food safety laws may provide avenues for holding food sellers accountable when undisclosed allergen contamination causes injury, even in circumstances where federal allergen-labeling requirements do not mandate disclosure.

The courtroom proceedings also drew attention to how Solen characterized the child’s experience. According to the plaintiffs’ attorneys, the company described the incident as the child having “had a bad afternoon,” despite the allergic reaction requiring hospitalization. The characterization stood in contrast to the serious consequences that exposure to undisclosed allergens can have for children and families managing food allergies.

Following the court’s negligence ruling and the subsequent trial, the jury found Solen liable on all claims, including negligence, misrepresentation, and violations of the Colorado Consumer Protection Act. According to the plaintiffs’ legal team, jurors awarded $350,000 in compensatory damages and $1.2 million in punitive damages, bringing the combined jury award to $1.55 million.

The financial consequences could increase further. The plaintiffs’ attorneys say the verdict supports treble damages under the Colorado Consumer Protection Act, potentially increasing the $350,000 compensatory award to $1.05 million. If the court permits that amount to be combined with the $1.2 million punitive award, the total could reach $2.25 million before judicial adjustments. The November 1 court order does not resolve whether those additional damages will be awarded or how they may be combined.

Following the verdict, the plaintiffs’ legal team praised the family and jury for holding the company accountable. In a statement accompanying the announcement, the attorneys declared, “We are proud to stand with this family and grateful to the jury for its careful consideration of the evidence.” The case underscores the importance of accurate allergen information and demonstrates that food distributors, as well as manufacturers, can face substantial legal consequences when contaminated products are sold without adequate disclosure.