Protecting families from contaminated food and water
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Protecting families from contaminated food and water
Posted in Food Allergy,Our Blog,Outbreaks & Recalls on May 28, 2026
The cookie and candy manufacturer, Imperial Nougat Co., is at the center of a U.S. Food and Drug Association (FDA) Health Alert for undeclared allergens in their products. Despite being told to issue a recall for these potentially dangerous and life-threatening products, the company has failed to voluntarily do so.
Why is this a big problem? What products should you be on the lookout for? If no recall happens, what are the next steps to protect the public?
Here’s what we know so far about the Imperial Nougat Co. label situation.
On May 26, 2026, the FDA issued a Public Health Alert about Imperial Nougat Co. The warning indicates that “consumers with milk, wheat, or tree nut (pistachio) allergies not to eat, and retailers not to serve or sell certain Imperial-brand cookies and candies manufactured by Imperial Nougat Co. due to milk, wheat, and tree nut ingredients not being listed on the label as required.”
The problem was discovered on April 30, 2026, when the FDA initiated a routine inspection at the Imperial Nougat Co. facility in Santa Fe Springs, California.
Several products containing potential allergens not declared on the label were discovered.
On May 5, 2026, the FDA formally recommended Imperial Nougat Co. to recall the non-compliant products.
In response, the firm notified one of their customers on May 12, 2026. It was the only company that was sent the request to remove the improperly labeled products from the store shelves. No other company received notification. No press release has been issued to alert the public. So far, no action has taken place.
In response, the FDA issued their own Public Health Alert.
So far, four Imperial Nougat Co. products have been included in the FDA Public Health Alert. However, according to their press release, “FDA may update this alert with additional products and information as it becomes available.”
Products indicated in the alert include:
People with milk, wheat, and/or tree nut allergies may experience serious or even life-threatening illness and/or allergic reactions if they consume these products.
According to the Asthma and Allergy Foundation of America, at least 22 million people in the United States have food allergies. A phenomenon that has increased over the past 20 years.
An estimated 18 million adults and four million children have a food allergy reaction to one or more of the nine most common food allergy foods.
These include milk, eggs, peanuts, tree nuts, fish, shellfish, wheat, soy, and the recently added sesame.
Milk is the most commonly reported food allergen in children. Followed by egg and peanut. For adults, the most commonly reported food allergen is shellfish. Followed by peanut and tree nut.
Food allergies are responsible for around 30,000 emergency department visits each year and 2,000 hospitalizations. Anaphylaxis due to food results in around 150 deaths every year.
There is no cure for food allergies. The only way to prevent allergic reactions is to avoid those triggering foods.
The overall economic cost of childhood food allergies comes to an estimated $24.8 Billion annually. Out of pocket, families with food allergic members have an estimated annual out of pocket cost of around $5.5 billion. Between medication, purchasing special foods, and other expenditures.
Families rely on food packaging to make informed purchasing decisions. The FDA has labeling requirements enforced by the Food Drug & Cosmetic Act to make sure labels are compliant. Both with accurate ingredients and allergen declaration.
When companies do not comply, the FDA must begin enforcement action.
So, what does that look like?
In cases where companies refuse to initiate a voluntary recall after evidence proves their product is adulterated (in this case, it contains undeclared allergens), the FDA has some enforcement options to use.
The first step would is an FDA Public Health Alert. That’s where we are right now. While this FDA Public Health Alert does not force a recall, it does garner more national attention. This is one of the first steps in the FDA’s arsenal. Next is a bit more aggressive. An FDA Warning Letter.
An FDA Warning Letter is the next step. It isn’t taken lightly. This official (and public) correspondence requires action. It also comes with a deadline. Once the Warning Letter is issued a response for corrective action is requested within a specific time frame. Usually 15 days.
If sufficient action is not made, the FDA can issue an involuntary recall and even seize the production facility.
If you have a food allergy and have consumed Imperial Nougat Co. products, you likely already know what to do in case of an allergic reaction. Use and epi pen or medication your healthcare provider has prescribed and seek medical attention right away.
But what happens next?
If you have experienced allergic reaction due to an undisclosed allergen, it is a good idea to get advice from a food poisoning lawyer. When most people think about food poisoning, bacterial contamination comes to mind. Salmonella, Listeria, E. coli, and the like. Food poisoning lawyers also represent those with allergic reaction due to undisclosed food allergens.
There is an expectation that the food we purchase is safe to eat and properly labeled. We have laws to ensure this. Sometimes people get sick from mistakes in the production process. Sometimes an ingredient comes to a company adulterated. Either way, we expect that when the problem is brought to their attention, they do the right thing and take care of it.
Medical bills, lost work, and other burdens associated with food poisoning add up. Who is responsible for those expenses? For some, their life may be irrevocably altered.
If you have experienced an allergic reaction from Imperial Nougat Co. products, you may be eligible for compensation.
The Lange Law Firm, PLLC has helped many families with cases just like yours help hold accountable those responsible for foodborne illnesses.
Call (833) 330-3663 or submit your information on the online submission form for a free consultation.
By: Heather Van Tassell (contributing writer, non-lawyer)