A McDonald’s consumer in Florida has decided to sue the company over their incorrect labelling of McDonald’s French fries as wheat and gluten free.

In February, McDonald’s added “derivatives of milk and wheat” to the ingredients list of their fries, when previously they had claimed that the product was free of these potential allergens.

At the time, the fastfood giant tried to play down the incident. Cathy Kapica, director of global nutrition at McDonald’s, said: “Technically, there are no allergens in there and those who have eaten the product should be able to continue to do so without incident. If someone is really sensitive, they need to be aware that this product at one point derived from wheat and dairy.”

However, McDonald’s recently issued a statement conceding that wheat and dairy ingredients are used in the “natural flavouring” added to the frying oil. “For people with a milk or wheat allergy, this new and important information should be discussed with a health care provider,” the company said.