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Las Vegas, NV — FDA Upgrades Butter Recall to Class II Risk Level

Grocery shop with food on shelves with food recall alert texts.

Chicago, IL (August 4, 2025) – The U.S. Food and Drug Administration (FDA) has elevated a nationwide butter recall to a Class II risk level, citing the presence of an undeclared milk allergen in a widely distributed product. When food labeling fails, allergic reactions can lead to hospitalization, lost income, or worse. For individuals with known milk allergies or dairy sensitivity, undeclared allergens are not just a labeling issue, they’re a health hazard. 

At George Bochanis Injury Law Offices, we monitor news sites and alerts for notice such as this to help keep our fellow Nevadans safe. If you or a loved one in Nevada experienced an allergic reaction tied to this butter product, you may have grounds for a product liability claim. To discuss your options in a free consultation, contact our law offices today at 702-388-2005.

What Prompted the FDA to Issue a Higher-Level Recall Warning?

In mid-July 2025, Bunge North America, Inc. voluntarily recalled thousands of pounds of its NH European Style Butter Blend after discovering that the product packaging failed to disclose the presence of milk. This omission directly violates federal food labeling laws, as milk is one of the nine major allergens that must be clearly listed under the Food Allergen Labeling and Consumer Protection Act.

The butter recall affects products shipped nationwide, including to food distribution centers that supply retailers, food service companies, and possibly commercial kitchens in Las Vegas. In late July, the FDA officially upgraded the recall to a Class II, meaning the product presents a moderate health hazard. Although no illnesses had been confirmed at the time of the alert, Class II recalls reflect situations in which consumption of the product could cause temporary or medically reversible adverse health consequences.

Undeclared Allergens Can Trigger Life-Threatening Reactions

Milk is one of the most common allergens in the United States. Studies have shown that nearly 1 out of every 20 people in the U.S. suffer from some type of milk allergy. For those with dairy allergies, consuming even a trace amount of undeclared milk protein can lead to serious medical emergencies. Symptoms may include swelling of the lips or tongue, difficulty breathing, vomiting, hives, and, in severe cases, anaphylaxis—a rapid-onset, potentially fatal condition requiring immediate treatment.

Because this particular butter product was distributed in bulk one-pound blocks across multiple states, there is a strong possibility that affected consumers may have eaten the butter without direct access to the original packaging. This significantly increases the risk that someone with an allergy consumed the product unknowingly, especially in restaurant or institutional food settings.

In many Las Vegas product liability cases, traceability is one of the first challenges. If the product was repackaged, prepared into a dish, or served without identifying information, proving a connection to the undeclared allergen becomes more difficult, but not impossible. Medical documentation, witness accounts, and expert evaluation of retained packaging or remnants can all support a product liability claim in Nevada.

Common Injuries Associated with Allergen Labeling Errors

The consequences of undeclared allergen exposure vary from person to person. In many cases, allergic individuals experience moderate symptoms that resolve with antihistamines or short-term observation. But some reactions can escalate quickly, especially in children or individuals with a history of severe responses.

In past food recall cases, allergic injuries have included anaphylaxis, shock, airway constriction, skin blistering, and gastrointestinal bleeding. Some victims develop secondary conditions such as asthma flare-ups or cardiac complications due to stress on the body. For families managing food allergies, even a single emergency room visit can mean thousands of dollars in bills and lasting emotional trauma.

Nevada law recognizes these consequences as actionable harms. Victims who can trace their allergic reaction to a mislabeled or recalled product may be entitled to recover damages for both physical and emotional injury.

Legal Liability When Manufacturers Fail to Disclose Allergens

Food manufacturers and distributors are legally required to ensure that packaging clearly communicates all ingredients and allergens. Failing to do so can form the basis for legal liability under Nevada’s product liability laws.

In product liability cases involving undeclared allergens, victims may bring claims for negligent labeling, breach of implied warranty, strict liability for a defective product, or failure to warn. Each of these claims has specific legal elements, but the core issue is the same: if a company’s oversight causes harm, they may be held financially accountable.

Las Vegas injury victims who suffered a reaction from the recalled butter may be able to recover damages for medical expenses, lost wages, ongoing allergy treatment, and pain and suffering. Where long-term complications arise, such as severe allergic trauma or hospitalization, the legal claims may also include compensation for emotional distress and loss of enjoyment of life.

Who May Be Entitled to Compensation in Nevada?

Not every adverse food reaction leads to a valid lawsuit. However, individuals who consumed the recalled butter and experienced a medically documented allergic reaction may have a strong basis for legal action, especially if they required emergency intervention or missed time from work due to illness.

In Nevada, the law allows consumers to file claims against out-of-state manufacturers and suppliers whose defective or mislabeled products caused injury within the state. Therefore, Las Vegas residents who were exposed to the Bunge butter product, even through restaurant food, catered events, or school meals, may still pursue compensation.

This recall also raises potential liability for downstream distributors and commercial kitchens. If a restaurant in Las Vegas served a meal containing the butter and failed to disclose allergen risks despite knowledge of the product’s recall status, they may face legal consequences as well. Nevada law places duties on businesses to exercise reasonable care in selecting and serving food, especially to patrons with known allergy concerns.

Legal Support for Las Vegas Victims of the Butter Recall

If you or someone in your family suffered an allergic reaction after consuming a mislabeled food product, like the butter recalled by the FDA, you don’t have to navigate the aftermath alone. George Bochanis Injury Law Offices has been helping Las Vegas injury victims recover compensation for over 30 years.

Our team understands the serious health risks of undeclared allergens, and we’re ready to investigate your case, gather critical evidence, and help you pursue a fair outcome. We offer free consultations and work on a contingency basis, so you don’t pay unless we win.

Call 702-388-2005 to learn how we can help you move forward after a food-related injury.

The George Bochanis Injury Law Offices was established in 1985. Before opening his office, Mr. Bochanis spent years representing major insurance companies in litigation cases and prior to that was a law clerk to a prominent local district court judge. Our offices have grown from a small one person setting to having its own well known office location on South Ninth Street in Downtown Las Vegas with 15 employees.

Years of Experience: More than 28 years
Nevada Registration Status: Active
Bar & Court Admissions: Nevada State Bar Federal Court of Nevada, 3rd Circuit

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