Can We Sue The Makers Of Rice Dream?

[CNV2855]

I bought some of this milk after I noticed it was labeled gluten free at the local health food store. I drank it and had the same tell-tell reaction that I always have when glutened. Rash>Diarrhea>Systemic Autoimmune Flare. Considering I usually always make my own food, there's nothing else it could've been and it was a fairly bad reaction (I drank the entire carton a day). Come to find out that it's made with barley and they are still labeling it gluten free.

Gluten may not be the only factor in Celiac disease and even if the barley protein is "removed" there's no doubt there's residual contaminants in the product.

Almost three weeks later and I'm just now getting back to where I was and I'm seriously angry.

Would we have a case if we sued them? I have no doubt that I could show a reaction to the stuff in court as many of us probably could. We need to stand up for ourselves and set an example and not let these stupid people get away with such blatant disregard.

I don't care at all about the money but something needs to happen lest other companies follow suit. If you're going to label something gluten free you should make sure it's not dangerous for Celiacs to eat.

[psawyer]

You might want to think long and hard before taking legal action. Although FALCPA directed FDA to have a definition of "gluten-free" in place by 2008, it hasn't happened yet. There is no legal definition of gluten-free in the United States. There is a proposal that has been under discussion since 2007--find it on the FDA web site: Open Original Shared Link

Under that proposed rule a food is not gluten-free if it contains an ingredient that is derived from a prohibited grain and that has been processed to remove gluten (e.g., wheat starch), if the use of that ingredient results in the presence of 20 parts per million (ppm) or more gluten in the food.

Under that proposed rule, Rice Dream could be legally labeled gluten-free. You might expect the manufacturer to argue in court that they were acting in good faith by adhering to the proposed rule, even though it is not yet law.

In the broader view, suing over a gluten-free label will have one sure effect. Fewer and fewer companies will label food gluten-free if it attracts lawsuits. In the long run, we would lose, not win, from such an approach.

[Lisa]

Aside from the facts, I agree with Peter.....Be polite and be formidable in the market place.

[viviendoparajesus]

The gluten free label though is confusing to people who do not know what it means and with it not being regulated. I do not want companies to stop making gluten-free products but there needs to be a better system.

[GlutenFreeManna]

I don't think we should sue but I do believe in writing to companies when we have things like that happen. Not an angry "I'll never buy your product again becuase it made me extremely ill" letter--even if that is true, but a well written letter explaining that you had bad reaction and you are disappointed that you cannot trust the gluten-free label on their brand. If companies get enough letters like this they may rethink the need to put small amounts of gluten in their products. Or they may stop making gluten-free products. But if the companies that are doign it wrong all stopped makign gluten-free foods we would not have any problems. We should also be sure to write to the companies that do it right however so they know how much we appreciate truely dedicated gluten-free products.

[Judy3]

I don't think we should sue but I do believe in writing to companies when we have things like that happen. Not an angry "I'll never buy your product again becuase it made me extremely ill" letter--even if that is true, but a well written letter explaining that you had bad reaction and you are disappointed that you cannot trust the gluten-free label on their brand. If companies get enough letters like this they may rethink the need to put small amounts of gluten in their products. Or they may stop making gluten-free products. But if the companies that are doign it wrong all stopped makign gluten-free foods we would not have any problems. We should also be sure to write to the companies that do it right however so they know how much we appreciate truely dedicated gluten-free products.

Very well put. I was going to comment but you said it all in your post.. Thank you!