Legality of Food Allergens

[chazus]

Normally I don't post stuff like this, but I seem to be finding mixed reviews as to what to do.

A friend of mine has celiacs, which means she can't eat most things with gluten. During our game night, she has her own separate dinner from us, something she got from a local restaurant. A Shrimp/Quinoa dish, of which the label "ALLERGEN NOTE - NO WHEAT - WHEAT ALLERGY". Partway through the dish, she realizes that there were small wheat noodles mixed in with the mushrooms (which is weird for the dish). At that point she realized that most of the stuff she was eating probably came in contact with this, and had to throw the entire dish out. She's now going to spend the next few days miserable for it.

My question is this: Is there anything that can/should be done about this? Should she contact the company? The manager? Ask for 'compensation'? It seems like a lot of instances are basically "They probably wont do anything but simply apologize" but it sort of pisses me off that she'd go through the hoops to ensure it, and they still screw it up. It's one thing to have cross contamination, it's another to have a label indicating that it can't have that, and then still does. That just seems like negligence, not accident. Or is this a case of "That sucks but its just something you gotta deal with"?

[enigma77]

Probably the last bit.

[Temp name]

I also have celiacs though not particularly severe. I also live in another country with very good customer protection laws, which isn't something the US has a lot of from what I read online.


If it was me, I'd call the company and ask them in no uncertain terms if they put those noodles in the mushrooms on purpose, and if yes, ask what they're made of.
If they reply they're made of wheat (Or some other gluten-rich flour), I'd ask if they realize they serve it as a side to a dish with a note clearly stating that it contains no wheat.
If they still say yes, you can sue. And should.

If at any point the answer is no, then hopefully that's enough to get them to realize the mistake, though I'd never personally go back, and the best you can hope for is a refund and apology.

You say that she realized it was wheat noodles, is there a chance it could be some other noodle? Certain blends made primarily of rice can mimic wheat flour quite effectively in the finished product.

[Kallisto]

Normally I don't post stuff like this, but I seem to be finding mixed reviews as to what to do.

A friend of mine has celiacs, which means she can't eat most things with gluten. During our game night, she has her own separate dinner from us, something she got from a local restaurant. A Shrimp/Quinoa dish, of which the label "ALLERGEN NOTE - NO WHEAT - WHEAT ALLERGY". Partway through the dish, she realizes that there were small wheat noodles mixed in with the mushrooms (which is weird for the dish). At that point she realized that most of the stuff she was eating probably came in contact with this, and had to throw the entire dish out. She's now going to spend the next few days miserable for it.

My question is this: Is there anything that can/should be done about this? Should she contact the company? The manager? Ask for 'compensation'? It seems like a lot of instances are basically "They probably wont do anything but simply apologize" but it sort of pisses me off that she'd go through the hoops to ensure it, and they still screw it up. It's one thing to have cross contamination, it's another to have a label indicating that it can't have that, and then still does. That just seems like negligence, not accident. Or is this a case of "That sucks but its just something you gotta deal with"?

The problem came from the part where you threw it out instead of keeping it as evidence =/ If you kept it (and I think frozen) you may have been able to go after them for ignoring the allergic needs of your friend. If kept as well and not normally part of the dish either it could be shown as deliberate. Then again I don't know state laws regarding it in Nevada.

[Endus]

She should definitely contact the restaurant; they need to know if allergens are getting into content they're branding as allergen-free. Should've kept the dish to show them, though; it helps make it really clear what happened.

It probably is negligence, but there's honestly not a lot you can do. Allergens like this are a customer-beware kind of thing. If it were a packaged meal from a big corporation and they were inserting this stuff into all of it (rather than a few getting mislabelled or whatever), you could potentially get a suit going, but that takes a lot more evidence than one contaminated meal.

It sounds like she told them she had a wheat allergy, from the label, and then they just packaged up something that contained wheat. Which is shitty, but it means there's not a lot that you can do other than make your dissatisfaction known to the restaurant in question.

[Omega10]

Normally I don't post stuff like this, but I seem to be finding mixed reviews as to what to do.

A friend of mine has celiacs, which means she can't eat most things with gluten. During our game night, she has her own separate dinner from us, something she got from a local restaurant. A Shrimp/Quinoa dish, of which the label "ALLERGEN NOTE - NO WHEAT - WHEAT ALLERGY". Partway through the dish, she realizes that there were small wheat noodles mixed in with the mushrooms (which is weird for the dish). At that point she realized that most of the stuff she was eating probably came in contact with this, and had to throw the entire dish out. She's now going to spend the next few days miserable for it.

My question is this: Is there anything that can/should be done about this? Should she contact the company? The manager? Ask for 'compensation'? It seems like a lot of instances are basically "They probably wont do anything but simply apologize" but it sort of pisses me off that she'd go through the hoops to ensure it, and they still screw it up. It's one thing to have cross contamination, it's another to have a label indicating that it can't have that, and then still does. That just seems like negligence, not accident. Or is this a case of "That sucks but its just something you gotta deal with"?

Right now the consensus is "suck it up". As food allergies start to become more prevalent - and they most definitely are - this will change.

I have quite a few food allergies, and it really sucks. Well it only sucks being at restaurants. But over the last year I have found that restaurants are starting to accommodate those of us that have these allergies.

This is a restaurant that she goes to frequently. Since she presumably intends to continue going there, a talk with the manager is certainly a reasonable approach to start with. And it is not out of bounds for her to make it clear to the manager that she will have 3-4 bad days due to eating this.

One time = talk with manager.
Multiple times = find a new place to eat at.

Finding a new place means going through the standard routine - "I am VERY dairy intolerant, I get sick for multiple days. Even from small amounts. So its important that it be completely dairy free."

The only exaggeration from this is that if the amount is very small, its more uncomfortable than sick. If it is like the amount of whey product in a half piece of wheat toast, then it is more sick than uncomfortable, but not very sick. If it is as much as a half piece of toast that is lightly buttered then its sick on days 2 and 4 after I eat it (and feeling bad on days 1 and 3). Any more and I'm having a very bad week ahead of me.

Food allergies are no joking matter. Finding restaurants that accommodate our allergies is an annoying but important part of what we have to do.
Unfortunately, for now, the answer for the most part is to suck it up

[Independent voter]

If you have the money, it never hurts to consult a lawyer.

[chazus]

You say that she realized it was wheat noodles, is there a chance it could be some other noodle? Certain blends made primarily of rice can mimic wheat flour quite effectively in the finished product.

Definitely wheat (or some other form of gluten noodle) since she got sick almost immediately.

The problem came from the part where you threw it out instead of keeping it as evidence =/ If you kept it (and I think frozen) you may have been able to go after them for ignoring the allergic needs of your friend. .

I mean, technically we still have it in the trash, I could get the container but I'm not gonna dig through the food.

Should've kept the dish to show them, though; it helps make it really clear what happened..

Yeah, at the time I think it was just a case of 'get this away from me' and the frustration/panic of it.

[Tziva]

The legality is a complex issue because not only is it going to vary by location but it also probably varies by situation; there is a difference between a negligent kitchen or one that simply isn't equipped to handle the problem and deliberately feeding someone something they are allergic to. Pursuing legal action is also very expensive and time consuming and I can't imagine it's worth it unless there was malicious intent there. However, these kinds of things should always be brought up with the manager when it happens if nothing else so they can be aware and hopefully prevent it from happening again.

I have a lot of allergies, but luckily none of them are bad enough to trigger anaphylaxis. There are also several foods that I cannot eat because they are severe migraine triggers for me (as in, hospital-bad migraines). Unfortunately there are a lot of people that don't take allergies seriously and assume people are faking or exaggerating it, and are willing to gamble lives on it. I've been fed things I cannot eat, or pressured to eat things I can't, on the assumption that my allergy is invented or "not that bad," including by my own relatives. I imagine this is even more prevalent for celiacs since gluten-free diets for health reasons are common, so people tend to conflate the two without realising the consequences for mistakes is significant for one group even if not for the other.

Eating out with allergies can be a challenge, but there are a few things you should generally always do: One, you should always tell the server about them up front. Them being aware can warn the kitchen for cross-contamination or catch it if you try to order something you shouldn't. Two, you should always ask or clarify when ordering something even if the menu is labeled. Also, you need to be realistic about what is possible in a kitchen and accept that cross contamination can always happen in the kitchen even if they try their best just because most are not equipped to deal with severe allergies. Small kitchens probably are going to have a lot harder time than big chains that deal regularly with patrons with allergies. Not every kitchen is going to be able to accommodate you, and the best you can hope for is that the staff tell you as much. You should also be smart about the restaurants you go to: if you are super allergic to shellfish, you shouldn't go to a seafood restaurant and order a safe fish because there is just too much risk and it's not reasonable to assume they can avoid cross contamination. Obviously gluten is in a bajillion things so the latter point is probably not really possible for celiacs. But if your restaurant protocol is to not say anything and then assume the menu is always correctly labelled, your laxity on the issue is negligent and it is also not going to accurately communicate the seriousness of the issue to the staff who is responsible for the safety of the food. You can't really get mad at the staff if you didn't say anything!

But ultimately my take on this is that if you choose to eat food that was not prepared by yourself, you understand there is always a risk that it will contain something you cannot eat. You should do your due diligence by informing your server, questioning your dish, and letting the manager know if a failure occurs but at the same time, you have to understand it is just something that is probably going to happen at some point. If you are dangerously allergic to something, you probably need to recognise that you don't have the luxury of eating food that you didn't prepare yourself.

[Master Guns]

My opinion is...

Companies can't be bothered to be so scrutinized by such things as this. I mean, it's a kitchen, for God's sake. Eat out/order takeout at your own discretion? Have you ever worked in a kitchen? If so you realize how chaotic it can be and how messy things are.

You can't possibly be held accountable for every little thing that happens to anyone with "x allergy" or "y problem". It's too much. Discretion.

[Halyon]

My opinion is...

Companies can't be bothered to be so scrutinized by such things as this. I mean, it's a kitchen, for God's sake. Eat out/order takeout at your own discretion? Have you ever worked in a kitchen? If so you realize how chaotic it can be and how messy things are.

You can't possibly be held accountable for every little thing that happens to anyone with "x allergy" or "y problem". It's too much. Discretion.

So what when someone is killed due to an allergy over 'a tiny slip-up'? It's happened before.

Food allergy should be taken very seriously and paid attention to. Of course, it should not be abused either, as that helps nobody, and just makes the person claiming it seem idiotic.

@OP; Seek compensation. If it was an honest mistake, that's what it is, but that shit can't happen, otherwise go higher up, if possible.

[Tziva]

So what when someone is killed due to an allergy over 'a tiny slip-up'? It's happened before.

If a mistake in a kitchen will literally kill you, it is both foolhearty and unreasonable to expect to be able to safely eat out.

That is an absurd burden to place on a kitchen where their perfection is a life or death situation, but it also may not simply be possible. Smaller kitchens may not have enough duplication of equipment to be able to guarantee no cross contamination, even if they have the time to slow things down and be super careful.

While I think kitchens should accommodate allergies whenever possible, ultimately you're responsible for looking out for yourself.

[exochaft]

Alright, my kid had a gluten allergy for quite a while and later grew out of it, but it gave me a lot of experience with such matters.

First of all, there's a huge difference between having a gluten allergy/sensitivity and having Celiac disease, especially considering how much tolerance to gluten each category has. If you have a sensitivity/allergy to glutten, you can likely chance going out to eat. If you have Celiac, hell no, unless they specifically state they cater to Celiac individuals. There are a couple establishments around here that specifically cater and advertise to Celiac people, mostly because the owners/chefs have Celiac disease themselves. If the restaurant/chefs/owners have experience with Celiac disease, they know how serious they have to be when prepping the food. Going to your average minimum wage establishment employs people who likely don't even know what Celiac disease is, barely know what their products are that actually have gluten in them, and likely cross-contaminate like crazy on a regular basis even if we're not talking about gluten.

Another thing is to constantly question what's put into food, because sometimes things are pre-prepped or people add ingredients to stuff that you'd normally not expect. I had this conversation with a person at a Subway concerning food allergies, and he regaled a story of someone who ordered their meatballs, then complained later from having a gluten reaction (for those that don't know, it's fairly common to use bread crumbs as a binder for meatballs). Ironically enough, I had him prepare a sub for my kid under the guise of a certain food allergy... and the cross-contamination that occurred before, during, and after my sub was made was sickening. Perhaps that's the nuclear training in me, where cross-contamination is a HUGE thing for obvious reasons.

When it comes to legality issues? You're probably SoL, especially if they just stated they cater to gluten allergies, as that does not imply catering to Celiac. And for good reason, since you need to specialize in such food and prep procedures if you even want to have gluten and non-gluten food prep in the same kitchen. Most establishments can't do that, but they can generally accommodate allergies and sensitivities since the tolerance of gluten is much higher for those afflictions. Unless they are a huge chain restaurant, any legal recourse would just be pointless... even then it's a stretch if you didn't order saying you were Celiac and they said they could accommodate that. Even further, it's a matter you bring up with the manager instead of jumping to legal matters. My advice is to find a local restaurant that caters to Celiac disease, as to be safe they generally will only serve and prep food that's safe for Celiac people with using staff knowledgeable about Celiac.

*edit* - Forgot to throw this in: the label of "gluten free" generally used by most establishments is pretty much only there for health nuts, not people with allergies/sensitivities to gluten (and definitely not Celiac disease). This is why the prep process is pretty lax, as it's generally meant for people who are trying to reduce gluten in their dieting, not for legitimate medical conditions. Again, your best bet is to find restaurants that their main focus is medical issues surrounding gluten, or at least who take it seriously. Only thing you can do if you don't know the restaurant is to make a HUGE deal about the gluten issue, and they'll either say outright they can't cater to it or they'll make sure they don't screw it up.

[Dwarfhamster]

I don't know if there are legal issues involved here, but at the least she should bring it up to the restaurant.

[rayvio]

My opinion is...

Companies can't be bothered to be so scrutinized by such things as this. I mean, it's a kitchen, for God's sake. Eat out/order takeout at your own discretion? Have you ever worked in a kitchen? If so you realize how chaotic it can be and how messy things are.

You can't possibly be held accountable for every little thing that happens to anyone with "x allergy" or "y problem". It's too much. Discretion.

I have worked in a kitchen. when someone tells us they have an allergy we see if it's something we can work around and if we can we make absolutely certain that there isn't even any risk of cross-contamination. if we can't do it we say "sorry, we can't do that"

If a mistake in a kitchen will literally kill you, it is both foolhearty and unreasonable to expect to be able to safely eat out.

That is an absurd burden to place on a kitchen where their perfection is a life or death situation, but it also may not simply be possible. Smaller kitchens may not have enough duplication of equipment to be able to guarantee no cross contamination, even if they have the time to slow things down and be super careful.

While I think kitchens should accommodate allergies whenever possible, ultimately you're responsible for looking out for yourself.

no. if they can't do it, it is their responsibility to say so. they have the right to reject the order as something they cannot do. if they accept the order then they also accept responsibility for not making it poisonous

a customer is only responsible for letting the restaurant/takeaway know what the allergies are, not for the kitchens failure to take them into account

[Zequill]

I'm not a wheat-free noodle expert but a quick google search told me such things do exist. What bother me in this story is that you didn't call the restaurant to check if they indeed made a mistake by putting noodle in a wheat-free meal or if they are using wheat-free noodle. That should have been the first step.

[Underverse]

Alright, my kid had a gluten allergy for quite a while and later grew out of it, but it gave me a lot of experience with such matters.

First of all, there's a huge difference between having a gluten allergy/sensitivity and having Celiac disease, especially considering how much tolerance to gluten each category has. If you have a sensitivity/allergy to glutten, you can likely chance going out to eat. If you have Celiac, hell no, unless they specifically state they cater to Celiac individuals. There are a couple establishments around here that specifically cater and advertise to Celiac people, mostly because the owners/chefs have Celiac disease themselves. If the restaurant/chefs/owners have experience with Celiac disease, they know how serious they have to be when prepping the food. Going to your average minimum wage establishment employs people who likely don't even know what Celiac disease is, barely know what their products are that actually have gluten in them, and likely cross-contaminate like crazy on a regular basis even if we're not talking about gluten.

Another thing is to constantly question what's put into food, because sometimes things are pre-prepped or people add ingredients to stuff that you'd normally not expect. I had this conversation with a person at a Subway concerning food allergies, and he regaled a story of someone who ordered their meatballs, then complained later from having a gluten reaction (for those that don't know, it's fairly common to use bread crumbs as a binder for meatballs). Ironically enough, I had him prepare a sub for my kid under the guise of a certain food allergy... and the cross-contamination that occurred before, during, and after my sub was made was sickening. Perhaps that's the nuclear training in me, where cross-contamination is a HUGE thing for obvious reasons.

When it comes to legality issues? You're probably SoL, especially if they just stated they cater to gluten allergies, as that does not imply catering to Celiac. And for good reason, since you need to specialize in such food and prep procedures if you even want to have gluten and non-gluten food prep in the same kitchen. Most establishments can't do that, but they can generally accommodate allergies and sensitivities since the tolerance of gluten is much higher for those afflictions. Unless they are a huge chain restaurant, any legal recourse would just be pointless... even then it's a stretch if you didn't order saying you were Celiac and they said they could accommodate that. Even further, it's a matter you bring up with the manager instead of jumping to legal matters. My advice is to find a local restaurant that caters to Celiac disease, as to be safe they generally will only serve and prep food that's safe for Celiac people with using staff knowledgeable about Celiac.

*edit* - Forgot to throw this in: the label of "gluten free" generally used by most establishments is pretty much only there for health nuts, not people with allergies/sensitivities to gluten (and definitely not Celiac disease). This is why the prep process is pretty lax, as it's generally meant for people who are trying to reduce gluten in their dieting, not for legitimate medical conditions. Again, your best bet is to find restaurants that their main focus is medical issues surrounding gluten, or at least who take it seriously. Only thing you can do if you don't know the restaurant is to make a HUGE deal about the gluten issue, and they'll either say outright they can't cater to it or they'll make sure they don't screw it up.

NCGS is a legitimate medical problem, it's just not as dangerous as celiac.

Related to the rest of the thread, wheat cross contamination can't be guaranteed, but the inclusion of wheat containing items in a dish labeled gluten free should never happen. Like, it's not hard to avoid putting egg noodles in a rice dish.

[Underverse]

I'm not a wheat-free noodle expert but a quick google search told me such things do exist. What bother me in this story is that you didn't call the restaurant to check if they indeed made a mistake by putting noodle in a wheat-free meal or if they are using wheat-free noodle. That should have been the first step.

Agreed. Actually, I find some wheat free noodles to be tastier than regular noodles. It can be really hard to tell from taste alone.

[CynicalPenguin]

If a mistake in a kitchen will literally kill you, it is both foolhearty and unreasonable to expect to be able to safely eat out.

That is an absurd burden to place on a kitchen where their perfection is a life or death situation, but it also may not simply be possible. Smaller kitchens may not have enough duplication of equipment to be able to guarantee no cross contamination, even if they have the time to slow things down and be super careful.

While I think kitchens should accommodate allergies whenever possible, ultimately you're responsible for looking out for yourself.

Seafood(shellfish) out of date: insanely high chance of severe food poisoning/death

cross contamination(raw and cooked protein(usually meat) on the same self: same thing

the kitchen is absolutely responsible to make sure everything is food safe, and if something goes aray, the chef is responsible.

[Zantos]

The problem came from the part where you threw it out instead of keeping it as evidence =/ If you kept it (and I think frozen) you may have been able to go after them for ignoring the allergic needs of your friend. If kept as well and not normally part of the dish either it could be shown as deliberate. Then again I don't know state laws regarding it in Nevada.

Yeah no. There is no way they could go after them. That "evidence" would have been thrown out any court room in a heart beat since it could have Easily been tampered with at literally any point after leaving the kitchen.

OP: Contact the restaurant. Let them know what happened. It should have happened immediately after the fact. If its been a few days, just move on and make note not to go there or to be extra careful and inspect the food. Ultimately, there isn't anything you can do. Take it as a learning experience and be glad its not something fatal.