Chick-fil-A is being sued after a teenager ate nuggets and had to be rushed to hospital

• A teenager suffered a serious allergic reaction after eating Chick-fil-A nuggets, a lawsuit says.
• Chick-fil-A said in August last year its nuggets contained dairy due to a "supplier mishap." 
• The teenager's mother believes her son ate the nuggets a week before Chick-fil-A's announcement.

A mother is suing Chick-fil-A and one of its franchise owners after her teenage son was rushed to hospital after eating nuggets she believed contained dairy products.

Chick-fil-A's grilled nuggets and fillets briefly contained dairy last year following a "supplier mishap," according to an August 2022 company announcement reported by outlets including CNN.

Following the announcement, the charity Kids With Food Allergies Foundation posted a warning to parents on its website.

The allergen remained in Chick-fil-A nuggets until October 28 when the company announced it would begin to completely remove traces of dairy from the products.

According to a lawsuit filed on August 16 this year by Francine Powers on behalf of her son, at least one child appeared to have suffered a severe reaction having unwittingly consumed the dairy in the grilled nuggets.

The 17-year-old, identified in the lawsuit as J.P., visited a Chick-fil-A outlet in Erie, New York, run by the Privitera family, on August 13 last year. That was 10 days before the company changed its guidelines to warn that its nuggets contained dairy.

Powers informed the server at the Chick-fil-A franchise of her son's allergy and says she was reassured the nuggets didn't contain any dairy. She bought two servings of 24 grilled nuggets for her son.

After eating the nuggets, the teenager's throat began to close over and he started to foam at the mouth while he was at a pool party.

By the time he was taken to hospital, "his face had swollen, he was in pain, and it was clear that he was experiencing a dangerous allergic reaction," according to the lawsuit.

He required emergency medical treatment and suffered injuries that left him unable to continue normal activities, per the lawsuit. It took a couple of hours to "bring him back" and stop J.P.'s throat closure, Powers said.

Powers told Insider the 10 days between her son's allergic reaction and Chick-fil-A's announcement were "horrible" because she feared he could have another undiscovered allergy.

However, she was reassured during that period by Chick-fil-A management that there was no dairy in the nuggets, exacerbating those fears.

"It just didn't make sense to me because his reaction was so severe," Powers said.

J.P. also suffered severe emotional distress following the incident, she said. He was attending counseling and was uncomfortable eating at restaurants.

Powers was seeking a trial by jury and substantial damages.

"I hope it brings significant awareness," Powers said. "When a child with a food allergy goes out to eat, they bring their family with them. The industry has to be very clear in the communication with its customers."

Chick-fil-A did not inform customers exactly when the "supplier mishap" began, so it's unclear whether J.P. ate the same type of nuggets the company said were contaminated.

Andrew Privitera, the owner of the Chick-fil-A franchise, didn't respond to a request for comment from Insider on LinkedIn. Chick-fil-A did not respond to a request for comment from Insider.

According to a study published in the National Library of Medicine, nearly a quarter of children between the ages of six and 10 suffered from a milk allergy in 2009. The CDC cites a 2018 report that found 8% of children in the US suffered from a food allergy.

Undeclared contaminants in food can be extremely dangerous to people suffering from allergies.

In 2016, 15-year-old Natasha Ednan-Laperouse died on a plane after eating a Pret A Manger sandwich that did not list sesame as an ingredient.