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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11124
Experience:  30 years as a practising solicitor.
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I order protein cookies online and usually order chocolate

Resolved Question:

I order protein cookies online and usually order chocolate chip. I placed my usual order and one night this week, whilst at a conference in a rural part of Wales, I ate part of the cookie. To my surprise, they cashew and chocolate. They look exactly the same as the chocolate chip. I am highly allergic to nuts and had a very serious attack and ended up hospitalised.the packagaging and visual cookie appearance are identical, there is no warning on the front of the pack to show you it contains nuts, although if you turn it over, the back says chases hand chocolate. As a nut allergy sufferer the packaging was not labelled clearly enough to highlight me to the risk. Is this a potential case? I feel their packaging needs changing.
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
You are correct. Packaging was not properly labelled accordance with EU regulations. If you suffered loss because of this and also because they are in breach of the sale of goods legislation by supplying you with the wrong thing, you have a case against them for damages.
in the first instance, you should write a letter of claim to them, preferably via your solicitor.
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