According to government research, an estimated 2 million people are currently living with food allergies in the UK, and tragically around 10 people die each year as a direct result of food-induced anaphylaxis (a serious allergic reaction).
Unfortunately, many of these serious incidents occur due to failure by food providers – whether supermarkets, manufacturers, or restaurants, to inform or warn customers effectively. This is why understanding your legal rights and the obligations imposed on food outlets is more crucial now than ever.
If you’ve suffered an allergic reaction due to inadequate food labelling or a lack of proper allergen information, Sarah Waddington Solicitors can help. Our expert legal team will support you in pursuing compensation, holding negligent food providers accountable, and helping you secure the justice you deserve.
What is an Allergen?
An allergen is a substance that causes an allergic reaction, and a food allergen is a food or an individual food group that can cause often serious and sometimes life-threatening reactions for affected individuals.
Food allergies are on the rise, with hospitalisations increasing by around 50% over the last decade. The immune system misidentifies harmless proteins as threats, triggering chemical responses that range from mild discomfort to fatal anaphylaxis.
How Should Food Outlets Communicate the Presence of Allergens?
From 2021, the law will state that pre-packed food should have an ingredients list with any allergens emphasised – and for non-prepacked food, for example food sold in a restaurant, the information for every item that contains any of the 14 allergens must be provided.
Yet compliance varies widely, and some outlets use sandwich boards, generic menus, or verbal assurances – all of which are prone to error. Cast iron protocols like allergen charts, verified online menus, app filters, or staff training programs are still not universal.
The list of allergens is substantial, and there are 14 major allergen groups with the top x5 being common triggers specifically for children. The 14 major allergen groups are:
- Peanuts
- Cereals containing gluten
- Milk
- Soya
- Eggs
- Sesame Seeds
- Nuts
- Celery
- Crustaceans
- Fish
- Lupin (found in flour)
- Molluscs
- Mustard
- Sulphites (found in dried fruit, soft drinks, wine, beer)
Allergy sufferers deserve more than tick‑box compliance; they deserve proactive safety measures such as designated allergen-free preparation zones, cross-contamination signage, and staff routinely checking before every order.
It is obvious that ensuring the concise and correct communication of these, in often noisy environments, is an issue which still needs comprehensively addressing. Misinterpreted, misunderstood or simply missing information is all too common. Busy and newly trained waiting staff are often relied upon to communicate this information correctly, but there is often no consistency in how to do this. There is also no guarantee that the correct information will be relayed between the customer, waiting staff and kitchen – and this is where life threatening mistakes can happen.
However, some popular restaurants are now taking steps to use online menus and apps. These allow customers to filter out foods according to their allergy. This is a step in the right direction by helping people to make an informed choice about what they might eat, and what they need to avoid.
Can I Take Steps to Avoid an Allergic Reaction?
If you feel your restaurant or outlet is not providing comprehensive allergen information, always speak to the chef or manager directly to assess their awareness. Ensure they verbalise how your allergen will be managed and ask about cross-contamination measures. If uncertainty remains, then it’s always better to be safe than sorry, and it would be reasonable to dine elsewhere.
If you think someone is experiencing an allergic reaction for the first time, some of the signs you should watch out for are as follows:
– Swelling of the lips, face, tongue, throat
– Trouble breathing
– Abdominal pain, nausea, vomiting or diarrhoea
– Fainting
– Itching
Warning signs of anaphylaxis urgently requiring emergency treatment include:
– Drop in blood pressure
– A weak but rapid pulse
– Constriction of your airways and a swollen tongue or throat
Allergic Reaction Compensation Claims?
If you or a loved one experiences an allergic reaction due to negligence such as mislabelling, failure to highlight allergens, or cross-contamination, then you may be entitled to compensation under personal injury or consumer protection laws.
Successful claims typically fall into two categories:
- General damages – pain, suffering, distress caused by the reaction
- Special damages – tangible financial losses such as medical costs, travel to appointments, lost earnings, and long-term care needs
New guidance from case law emphasises that even minor oversights can attract liability when they impact vulnerable individuals. Food providers are held to a standard of ‘reasonable foreseeability’, so if a risk was foreseeable, it was their duty to mitigate it.
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Proving Negligence in a Food Allergy Claim
To succeed in a food allergy compensation claim, you must be able to clearly demonstrate negligence, and that starts with strong, well-documented evidence. Beyond medical records, start gathering:
- Photos of menus, labels or buffet setups at the time of the incident
- Receipts for meals or medication
- Witness statements from companions or staff acknowledging omission
- Proof of diagnosis, including hospital letters, GP notes, test results, or prescriptions
- Where possible, preserve samples of food or packaging.
- Written records of conversations with staff, such as texts, notes or email proof, can also strengthen your case.
After gathering your evidence, your solicitor will assess whether the food provider acted negligently. This means showing that they failed to follow food safety regulations or didn’t properly inform you about allergens in the food.
Negligence may involve inaccurate labelling, unclear menu information, cross-contamination, or staff providing incorrect assurances, particularly after you’ve disclosed your allergy. While businesses aren’t responsible for your allergy itself, they are legally required to inform you of any allergens in their food. If they fail in this duty and you suffer an allergic reaction as a result, you may have grounds for a claim.
In most cases, you have three years from the date of the incident to start legal proceedings. Acting quickly is important, as timely evidence and clear recollection can significantly strengthen your case. Early legal advice ensures your claim is properly prepared and submitted within the required timeframe.
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Work with a Specialist Solicitor
While you can self-represent, at Sarah Waddington Solicitors, our experts have years of personal injury experience, helping clients with their food allergy compensation claims. Here’s what you can expect when you work with us throughout the claims process:
- Free first consultation – to assess your potential claim
- Evidence gathering and claim submission – including medical and witness records
- Negotiations or court action – we aim to settle early but are prepared to litigate
- Resolution and compensation payment – including future losses where applicable
If you’ve suffered an allergic reaction due to negligence, don’t suffer in silence. Get in touch with the team at Sarah Waddington Solicitors to find out if you have grounds for a claim and could be entitled to compensation.
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