Dramatic Surge In Food Allergy Claims Emphasizes Need For Proactive Risk Management Measures

food allergy claims
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Severe allergic reactions of all kinds happen quickly and can be life-threatening. It’s reported that more than one in ten adults in the United States have a food allergy1, with roughly 150 associated deaths each year2.  Just as alarming, a 2019 study by Food Allergy Research & Education (FARE) revealed that insurance claims associated with diagnoses of anaphylactic food reactions increased a staggering 377% from 2007 to 2016.3

Food allergy related negligence can be a dangerous and costly mistake. Last year, a Massachusetts judge in a case with important implications for restaurateurs, ruled to send a food allergy lawsuit against Panera Bread to trial. The suit accuses the entire Panera franchise of negligence after a six year old child with a peanut allergy was hospitalized in 2016 when peanut butter was found in the child’s grilled cheese sandwich.

The majority of laws regulating restaurants are state-specific, and thus how food allergen issues are treated will vary accordingly. For example, New York requires posters with information on food allergy to be placed in all food service establishments, while Illinois is one of only a few states to require at least one manager who has had training in nationally recognized standards for food allergen safety and allergen awareness to be on-duty at all times.Click HERE to review the additional state-specific laws.

Regardless of state legislation, it is crucial that restaurants and other food service providers take all possible measures to mitigate this increasing risk. You should also know how to recognize and react accordingly when a person experiences an allergic reaction and have the proper insurance protection in place.

SERVING ALLERGY PRONE CUSTOMERS

The Food and Drug Administration (FDA) has published a list of the “Big 8” foods, which can cause food allergies, along with some examples of affected products:

  • EGGS – mayonnaise and Caesar dressing
  • PEANUT – cereals
  • WHEAT – gluten, cereals & hydrolyzed proteins
  • FISH – surimi and Caesar dressing
  • SOY – miso, lecithin, edamame
  • MILK – lactose, margarine, whey
  • TREE NUT – marzipan, pesto and cereals
  • SHELLFISH – oyster, shrimp

If not immediately treated, food allergy symptoms can be severe, even resulting in death. There are many steps that should be taken by the front- and back-of-the-house staff to protect customers with food allergies, such as the following:

  • Red Gold Sacramento
  • RAK Porcelain
  • DAVO Sales Tax
  • BelGioioso Burrata
  • T&S Brass Eversteel Pre-Rinse Units
  • Texas Pete
  • Day & Nite
  • Simplot Frozen Avocado
  • RATIONAL USA
  • AyrKing Mixstir
  • McKee Foodservice
  • Imperial Dade
  • Inline Plastics Safe-T-Chef
  • Atosa USA

Seating the Guest

  • Ensure that tables, chairs, salt and pepper shakers, laminated menus and other table items are clean and sanitized.
  • Use a spray bottle solution to clean surfaces when sanitizing. Buckets are not recommended as food proteins could be floating in the water, coming into contact with eating surfaces.
  • Educate servers so they are knowledgeable about the ingredients used to prepare each menu item. If a server is new or uninformed, a manager or more experienced wait staff member should handle the table.
  • Communicate to managers, chefs and colleagues to heighten awareness around customers with food allergies.
  • Select a designated staff member to ensure that all food safety precautions have been met.

Food Preparation

Raise awareness with chefs and cooks on the precautions needed for the “Big 8” food items, as well as how to properly cook and prepare them. You can reduce cross contact during the food preparation process through the following suggestions:

  • Change aprons, wash hands and sanitize all food preparation surfaces.
  • Insert a piece of foil between food and a grill surface to act as a barrier.
  • Use separate fryers with clean grease. Example: If the guest has a fish allergy, do not cook French fries in the same oil used to fry fish.
  • Use separate utensils, plates, glassware etc. that has been washed, sanitized and stored separately in a locked cabinet.

If mistakes are made during dish preparation, start over! It’s not worth putting someone’s life at risk.

WHEN A CUSTOMER EXPERIENCES A REACTION

Even with the best precautions and processes in place, incidents do occur. There are several key identifiers that will alert you to a customer in distress.

  • Guest has difficulty breathing or swallowing
  • Eyes, face, lips, or tongue begin to swell
  • Customer goes into anaphylactic shock. Notify the manager and call 911 immediately.

In the event that a customer is in distress, do not leave the guest alone. Direct a co-worker to stand outside and meet paramedics at the door. Upon arrival, tell emergency services that the customer is experiencing an allergic reaction and advise them as to whether the customer has injected themselves with an EpiPen to mitigate the symptoms.

INSURANCE PROTECTION

The cost of insurance is insignificant in comparison to the financial protection your restaurant would receive in the event of a food allergy related lawsuit. A commercial general liability insurance policy will provide a layer of coverage, which can be enhanced by the limits of an excess liability/umbrella policy. In addition, other types of insurance policies such as product recall and accidental contamination/malicious product tampering coverage are increasingly available to help fill any coverage gaps or exclusions.

When it comes to food allergies, food-borne illness and all types of other exposures, proactive risk management is a way of thinking that must permeate the whole organization – from management to frontline employees. Making it a part of all decision-making processes is important to creating a culture that values risk management. Speak to your insurance advisor and explore all of your options when it comes to managing your
business risk.


1. https://www.foodallergy.org/about-fare/blog/study-more-than-one-in-ten-us-adults-has-food-allergy

2. https://www.fda.gov/food/resourcesforyou/consumers/ucm079311.htm

3. https://www.foodallergy.org/about/media-press-room/food-allergy-related-insurance-claims-up-in-almost-every-state-in-the

4. https://www.foodallergy.org/education-awareness/advocacy-resources/advocacy-priorities/food-allergies-and-restaurants

  • T&S Brass Eversteel Pre-Rinse Units
  • Inline Plastics Safe-T-Chef
  • Simplot Frozen Avocado
  • Red Gold Sacramento
  • BelGioioso Burrata
  • DAVO Sales Tax
  • McKee Foodservice
  • Day & Nite
  • RAK Porcelain
  • RATIONAL USA
  • Atosa USA
  • Texas Pete
  • AyrKing Mixstir
  • Imperial Dade