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Food allergy, a summary of recent cases in the criminal and civil courts of the UK

August 2011
Clinical and Translational Allergy 1(1)

DOI:10.1186/2045-7022-1-S1-O1

Authors:

M. Hazel Gowland

Allergy Action

Michael J Walker

Michael Walker Consulting Ltd

Food allergy, a significant public health concern in the developed world has developed a forensic context where allergy related personal injury, fatality or criminal non-compliance on the part of a food supplier are issues that have recently come before the UK courts. EU General Food Law (178/2002/EC) and Directive 2000/13/EC (to be consolidated into the proposed Food Information Regulation) address allergen avoidance risks relating to composition, labelling and food safety. The European Framework Directive on Safety and Health at Work (Directive 89/391 EEC and daughter legislation) may also be deployed. Compensation in civil law for loss or damage caused by an allergic reaction to a food supplied, not as requested, or with misleading or incorrect information has also been sought. The authors describe recent such cases dealing with prepacked retail and non prepacked catering situations where contraventions of food law could have resulted in fatalities, and health and safety and civil litigation following deaths from food allergy. The cases came before the civil (including appeal) courts, magistrates and coroner’s courts. In the absence of a current cure, health protection depends on accurate diagnosis, informed food allergen avoidance and the effective management of symptoms. These strategies depend in turn on the multilayered approaches adopted by clinicians, scientists, food suppliers, allergic consumers (and those who care for them), and regulators. Effective food allergen avoidance depends on the diagnosed consumer knowing what to avoid, being able to access correct ingredients information and to rely on the absence of allergen cross-contamination. Access to ingredients information may be via a label, menu or other printed means, or by enquiring of a staff member who may not always appreciate the implications of such a request or be competent in managing food allergy risks. Lapses in any of these areas may have forensic consequences beyond even their initial (sometimes severe) personal impact.

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O RAL P R E S EN TA T ION Open Access

Food allergy, a summary of recent cases in the

criminal and civil courts of the UK

Hazel M Gowland

, Michael J Walker

From Food Allergy and Anaphylaxis Meeting 2011

Venice, Italy. 17-19 February 2011

Food allergy, a significant public health concern in the

developed world has developed a forensic context whe re

allergy related personal injury, fatali ty or criminal non-

compliance on the part of a food supplier are issues that

have recently come b efore the UK courts. EU General

Food Law (178/2002/EC) and Directive 2000/13/EC (to

be co nsolidated into the proposed Food Information

Regulation) address allergen avoidance risks relating to

composition, labelling and food safety. The European

Framework Directive on Safety and Health at Work

(Directive 89/391 EEC and da ughter legislation) may

also be deployed. Compensation in civil law for loss or

damage caused by an allergic reaction to a food sup-

plied, not as requested, o r with misleading or incorrect

information has also been sought. The authors describe

recent such cases dealing with prep acked retail and non

prepacked catering situations where contraventions of

food law could have resulted in fatalities, and health and

safety and civil litigation following deaths from food

allergy. The cases came before the civil (including

appeal) courts, magistrates and coroner’scourts.Inthe

absence of a curr ent cure, health protection depends on

accurate diagnosis, informed food allergen avoidance

and the e ffective management of symptoms. These stra-

tegies depend in turn o n the multilayered approaches

adopted by clinicians, scientists, food suppliers, allergic

consumers (and those who care for them), and regula-

tors. Effective food allergen avoidance depends on the

diagnosed consumer knowing what to avo id, being able

to access correct ingred ients information and to rely on

the absence of allergen cross-contamination. Access to

ingredients information may be via a label, menu or

other printed means, or by enquiring of a staff member

who may not always appreciate the implications of such

a request or be competent in managing food allergy

risks. Lapses in any of these areas may have forensic

consequences beyond even their initial (sometimes

severe) personal impact.

Author details

Allergy Action, St Albans, UK.

LGC, Teddington, UK.

Published: 12 August 2011

doi:10.1186/2045-7022-1-S1-O1

Cite this article as: Gowland and Walker: Food allergy, a summary of

recent cases in the criminal and civil courts of the UK. Clinical and

Translational Allergy 2011 1(Suppl 1):O1.

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Full list of author information is available at the end of the article

Gowland and Walker Clinical and Translational Allergy 2011, 1(Suppl 1):O1

http://www.ctajournal.com/content/1/S1/O1

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reproduction in any medium, provide d the original work is properly cited.

Food allergy, a summary of eight cases in the UK criminal and civil courts: effective last resort for vulnerable consumers?: Food allergy cases in UK criminal and civil courts

Article

Nov 2014
J SCI FOOD AGR

Background Food allergy has a forensic context. We describe 8 cases in the UK courts involving fatalities, personal injury, or criminal non-compliance with food law from mainly ‘grey’ literature sources.ResultsThe potentially severe consequences for people with food allergy of contraventions of labelling law have led to enforcement action up to criminal prosecution for what might otherwise be regarded as ‘trivial’ non-compliance.Conclusions We suggest there should be central collation of such cases. Non-compliances should be followed up in a more rapid and robust manner. Evidence of fraud in the catering supply chain supports recent calls for zero tolerance of food fraud. Businesses must guard against gaps in allergen management; there are readily available sources of training and guidance but also against fraudulent substitution in the supply chain, about which training and guidance should be developed. New allergen labelling legislation and case law appear to place responsibility on food businesses even for the forensically problematic area of allergen cross contamination. The courts can be an effective last resort for vulnerable consumers; however there is evidence of knowledge and skills gaps, both in the investigation and prosecution of potentially serious incidents of food allergen mismanagement and mislabelling. Thorough investigation of food allergy deaths is required with a tenacious and skilled approach. Early realisation that samples of the food and/or stomach contents from a post mortem examination should be retained and analysed. The supply chain must be rigorously examined to find out where adulteration or contamination with the fatal allergen occurred.

Reactions, Regulation and Risk: protecting consumers with food allergies and intolerances

Article

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