A family has filed a wrongful death lawsuit against a supermarket for their 11-year-old son who died allegedly from eating a mislabeled cookie in Tennessee.

According to the lawsuit, the chocolate cookie Derek “Landon” Wood ate the local Publix Super Markets Inc. was not labeled as containing any tree nut allergens.

Landon took three bites of the cookie before his mouth started burning. His throat swelled and he died, despite doctors' attempts to resuscitate him.

The family is suing the supermarket for mental and emotional distress and suffering, as well as punitive damages.