Currently in the UK, there are around 2 million people diagnosed with food allergies, and this number is rising by about 5% every year. Food allergies are incredibly serious and can, in worst case scenarios, be fatal.
All businesses who handle food or serve food have a legal requirement to manage food allergens and to provide correct information to their customers in respect of allergens that they may come into contact with in their businesses and establishments.
Here is the list of 14 food ingredients classed as “allergens” that all food producers and businesses that handle and serve food MUST have awareness of:
- Cereals containing gluten, such as wheat, rye, barley, oats, spelt, kamut and their hybridised strains
- Peanuts (also called groundnuts)
- Nuts, such as almonds, hazelnuts, walnuts, brazil nuts, cashews, pecans, pistachios, macadamias and Queensland nuts
- Sesame seeds
- Fish
- Crustaceans (includes crabs, lobsters, shrimps and prawns)
- Molluscs (includes mussels, cockles, oysters, scallops, squid and octopus)
- Eggs
- Milk and milk products (including lactose)
- Soy beans
- Celery
- Lupin
- Mustard (including mustard powder and seeds)
- Sulphur dioxide and sulphites at levels above 10 mg/kg or 10 mg/litre expressed as SO2.
The businesses that handle food have a responsibility to have a proper risk assessment in place and to identify whether there are any cross-contamination risks. Menus must have adequate signage in respect of which dishes and goods contain allergens, and ideally there should also be posters in and around the business which show the potential allergens in their products. They should also employ very strict kitchen or factory hygiene processes to avoid cross-contamination of products.
However, if you are aware that you suffer from an allergy or have an intolerance to certain ingredients from the list above, then if you are buying food or visiting a café, restaurant or even a takeaway, then you must make it clear to the business that you have allergies. Most restaurants and café staff should ask this now as a matter of course, but if they do not, then you must let them know, so that they can discuss with you what foods from their menus are safe for you to consume.
If you do not make it known that you have a pre-existing and known allergy, and you do not point this out in an establishment where you are visiting for a meal, and you then have a reaction or a near-miss, then it may be more difficult to pursue a claim for personal injury against them. However, if you do announce your allergy and food intolerances to the establishment and receive assurances from them that nothing that they serve you will contain allergens, but you then suffer a reaction, this may mean that you have good grounds for a claim for compensation.
If the worst happens and you suffer a reaction, then you should immediately make the food business operator aware of this and seek medical help as a matter of urgency. You could also contact the Food Standards Agency or the food safety team of your local Council to report the incident. If the reaction has a significant and long-term impact on you, either physically or psychologically, there may be merit in bringing a claim for your injuries and associated financial losses.
Living with allergies can be very stressful, and it is important that you are informed enough to always make safe choices with food. To minimise the risks you should:-
- Carry any emergency medications with you at all times.
- Inform any food business operator about your allergies at the time of ordering.
- Ask to check the menus for any allergens present.
- Ask if they have alternatives to the foods that you are intolerant or allergic to.
- Ensure that anyone you are with knows of your allergies and what action to take should you suffer a severe reaction.
If you have suffered an allergic reaction as a result of dining out and you were misadvised about the presence of allergens, you may have a claim for compensation. Our personal injury department has a team of personal injury specialists who can provide expert advice on this type of claim. Contact us today on 0161 696 6235 or fill in our enquiry form.
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