Later on today, the Kansas City Chiefs will be squaring off against the Philadelphia Eagles in Super Bowl 59. While I was sad the Packers weren’t playing in the big game, my mood brightened considerably when my buddy, Timmy, invited us to his house for a party.
Timmy is the king of smoking meats. He makes a brisket and pulled pork that melt in your mouth and taste better than anything I’ve ever had at a restaurant. Plus, he makes his own barbeque sauce from scratch.
To help out, each of us will bring a little something to pass, but all of it pales in comparison to the meat-stravaganza. Football fans from the Pacific Northwest, however, should be careful if they’re allergic to milk and have Frito-Lay potato chips.
The U.S. Food and Drug Administration recently classified a previous Frito-Lay potato chip recall as “Class I” in an enforcement report, meaning “there is a reasonable probability that the use of, or exposure to, a violative product will cause serious adverse health consequences or death.” The recall was elevated to this highest risk level after some bags of Lay’s Classic Potato Chips were found to potentially contain undeclared milk ingredients.
Frito-Lay released a statement, which was also shared on the FDA website, saying that the PepsiCo-owned food manufacturer recalled “a limited number of 13 oz. bags of Lay’s Classic Potato Chips that may contain undeclared milk, after being alerted through a consumer contact.” It went on to say that “those with an allergy or severe sensitivity to milk run the risk of a serious or life-threatening allergic reaction if they consume the product contained inside the recalled bags.”
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According to the FDA’s website, recalls are classified into a numerical designation (I, II, or III) by the agency to indicate the relative degree of health hazard presented by the product being recalled. The next most serious level is Class II, which involves “a situation in which use of, or exposure to, a violative product may cause temporary or medically reversible adverse health consequences or where the probability of serious adverse health consequences is remote.” Finally, a Class III recall is one where the “use of, or exposure to, a violative product is not likely to cause adverse health consequences.”
The chips in question were distributed to “retail stores and e-commerce distributors in Oregon and Washington” and consumers “would have been able to purchase these chips as early as Nov. 3, 2024,” the company indicated. “If consumers have an allergy or sensitivity to milk, they should not consume the product and discard it immediately,” Frito-Lay continued, noting that it had “informed the FDA of this action.”
According to Frito-Lay’s website, the recalled chips bear a “Guaranteed Fresh” date of Feb. 11, 2025, and the UPC code 28400 31041. The recalled 13-ounce bags, which are yellow and include a red Lay’s logo and a blue “Party Size” banner, also bear the manufacturing codes 6462307xx or 6463307xx.
Thankfully, no illnesses were so far reported by Frito-Lay in connection with this recall and none of the company’s other Lay’s products, flavors, sizes, or variety packs are affected by this recall, including my beloved Cool Ranch Doritos.
According to Food Safety Magazine, food recalls have steadily increased since 2020, especially Class I recalls. Like Frito-Lay’s, allergen contamination is the leading cause, consisting of nearly 40% of all cases. This is followed by bacterial contamination (21%) and foreign object contamination (11%).
Thankfully, biting into a foreign object is pretty unlikely, seeing as very few dentists are open on Super Bowl Sunday.
Reg Wydeven is a partner with the Appleton-based law firm of McCarty Law LLP. He can be reached at [email protected].
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