Woman sues ShopRite for selling cherry pie labeled as apple pie

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A woman in Albany is suing ShopRite on Central Avenue after purchasing a cherry pie that was labeled as an apple pie.

First reported by the Times Union, the woman purchased what she believed to be an apple pie on April 20th at the ShopRite on Central Ave. The woman cut a slice for her 2-year old daughter, and then claims her daughter got sick after eating it. She’s now suing the grocery chain for mislabeling a cherry pie as apple pie.

NewsChannel 13 reached out to the woman’s lawyer who sent the following statement:

“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 FoodAllergy.org, approximately 200,000 people are rushed to the emergency room yearly due to food allergies. 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. Regulatory bodies can only catch and address a fraction of the violations due to resource constraints.”

The woman seeks $35,000 in damages.

We tried reaching out to ShopRite’s corporate line, at this time they’ve not responded to our request for a statement.