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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 110545
Experience:  Attorney experienced in commercial litigation.
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I am developing a new retail food product. Its a single grab

Customer Question

I am developing a new retail food product. It's a single grab and go pickle inside of a 4 oz jar. I want to attach a skewer, or toothpick of some sort. What kind of disclaimers would I need to protect myself from legal risks?
Submitted: 3 years ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If you are going to use any type of sharp object or one that is hard and can break teeth or cause choking you are going to need to write your own warning label as most labels are written specifically for the product.

The warning would state something to the effect of "WARNING: Food Item contains hard, sharp, non-edible object through the pickle and can cause choking hazard and or danger to teeth. Please remove the stick prior to biting all the way through pickle or exercise extreme caution when biting through pickle and take care to remove the skewer. Also, keep object away from small children as skewer can cause choking hazard or can become impaled on gums or mouth."

This is the type of warning you would use on your label, it is similar to labels on olives with pits or any other food item with a non-edible object in the item.

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Customer: replied 3 years ago.

Very helpful. Thank you. Do you know if there is a font minimum size for such a warning? and do you think it could be condensed , by which I mean use less words?

Expert:  Law Educator, Esq. replied 3 years ago.
The minimum font size would be no smaller than any of the other regular fonts on the label. You can reword what I wrote to condense it, as long as you cover all of those items.

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