The apple of my pie

A woman in Albany is suing a local ShopRite claiming that mismarked labeling on one of their pies led to her daughter getting sick after she ate it.  According to her attorney, she's seeking $35,000 dollars in damages.

According to a report from News Channel 13, a woman in Albany bought what she thought was an apple pie from the ShopRite on Central Ave, but it was actually a cherry pie, mislabeled.

Mislabeled piece of pie makes her 2-year-old sick

The unnamed woman, according to the report, then gave a slice of the "apple" pie to her 2-year-old  daughter, who allegedly got sick after eating it.  The woman is now suing ShopRite for $35,000 in damages for the mislabeled pie.

The woman's lawyer explains the lawsuit

NewsChannel 13 reached out to the woman’s lawyer and they defended the exorbitant lawsuit by explaining the dangers of mismarked labels.

“This type of mislabeling and misbranding of prepared food, as alleged, can produce devastating injuries to people who have food allergies or heightened food sensitivities. According to, approximately 200,000 people are rushed to the emergency room yearly due to food allergies."

The injuries, thankfully, were not severe

According to New Channel 13, the attorney added, "While the injuries here were not as severe (thank goodness), this lawsuit is necessary to redress this wrong and help deter future injury. New York State regulatory law and Federal regulatory law, in my view, are wholly inadequate to police and prevent misbranding and mislabeling of prepared foods" he said.

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