Lauren Broder
Kevin Peterson
UWP 1
Assignment 4
November 21, 2013
Restaurants Should Be Responsible
Emily Knight moved to California from Canada in 2003. Once settled, she
began school at Arroyo Vista Elementary School that fall; we were in the same class.
The first thing her parents had to do was to inform the school and our class about
Emily’s life threatening food allergy. They explained that if Emily was exposed to
even the tiniest amount of eggs, dairy, nuts, or fish she could have a very dangerous
reaction. The reaction would cause her throat to close up and would require
someone in the class or the teacher to give her a shot using her EpiPen. Of course
this announcement scared all of us. But it made all the children want to help Emily
and make sure she was always safe.
Keeping a school child with deadly food allergies safe is easy when all the
parents need to worry about are the 18 children in the elementary school class.
However, those with deadly allergies must be able to keep themselves protected
wherever they go. A study done by a doctor at the University Hospital in Switzerland
determined that “[f]oods with ‘hidden’ allergens and meals at restaurants are
particularly dangerous for patients with food allergies” (Wüthrich, 2000).
Those with food allergies are in omnipresent danger, and this threat to their
lives is especially prevalent when at a restaurant. Food allergies have become an
epidemic around the world and the frequency of this disease continues to rise. But
in order for those with food allergies to be able to eat at restaurants, the owners and
employees must be educated about food allergies and the wide range of reactions
people can have. Although there are not any laws stating that restaurants are legally
liable if their customers go into anaphylactic shock, some states are creating laws to
make restaurants more liable. In order to keep children like Emily Knight safe,
states should implement laws that require restaurant employees to be educated
about food safety and make restaurants responsible for having a comprehensive list
of ingredients available for those with allergies.
What are Food Allergies?
When a child consumes a food to which he or she is allergic, reactions can
include a rash, hives, itchy skin, watery eyes, and anaphylactic shock. Anaphylactic
shock is where the child cannot breathe and his/her body begins to shut down. The
reaction is extremely fast and dangerous. A study available in the Clinical &
Experimental Allergy journal stated that “[t]he median time to respiratory arrest
was 30 min for foods…” (Pumphrey, 2000). Because the reaction time is so short, it
is critical that the person having this attack be treated immediately. That study also
found that “[i]mmediate recognition of anaphylaxis, early use of adrenaline, inhaled
beta agonists and other measures are crucial for successful treatment.” But even
with these steps taken to treat the person suffering, many reactions are fatal
(Pumphrey and Others, 2000). To assess how many people visit emergency rooms
in the United States because of anaphylactic shock from foods Hugh Sampson, MD
published an observational study. His article in the Official Journal of the American
Academy of Pediatrics stated there are “30,000 anaphylactic reactions to foods
treated in emergency departments and 150 to 200 deaths each year” (Sampson,
2003). So even though there are medical treatments for anaphylaxis, the best
management method is avoidance of the allergens.
Food allergies this severe affect many people. In fact, the frequency of food
allergies is rising. According to Harvard Medical School News, “[o]ne recent study
shows reported peanut allergies tripling in just over a decade” (Fliesler and
Underwood, 2013). This extreme increase in the prevalence of food allergies is still
unexplained. Because of this, it is extremely important for people to be educated
about them.
Another study done by the U.S. Department of Health and Human Services
found that “[e]ight types of food account for over 90% of allergic reactions in
affected individuals: milk, eggs, peanuts, tree nuts, fish, shellfish, soy, and wheat”
(Branum and Lukacs, 2008). These ingredients are extremely common and are used
frequently in restaurants and other food establishments. Even minute amounts of
any of these ingredients (i.e. a splash of milk, or peanut residue on someone’s hands
after eating a peanut butter sandwich) can cause a reaction. In order for customers
with food allergies to be safe, there must be a comprehensive list of all the
ingredients used in dishes at a restaurant available for those who ask. Even tiny
amounts of allergens could send a customer into anaphylactic shock, so it is crucial
that even the smallest amounts of ingredients are included on those lists.
Restaurant Awareness:
Because life threatening food allergies are becoming more prevalent, it is
essential that restaurant employees are educated about the dangers of food
allergies. This is the only way restaurants can keep their customers safe. A study
published in the Journal of Culinary Science and Technology found that only “[o]ne
third of the respondents reported including food allergy training for their
employees” (Mandabach et al., 2008). This is extremely low. Customers with food
allergies cannot trust restaurants whose employees do not know how to handle the
food of someone with an allergy. The fact that the majority of restaurant employees
are not educated about food allergies makes restaurants a particularly risky place to
eat for people with extreme food allergies.
This lack of training for employees of food establishments may result in food
allergic customers being served dishes containing the ingredient to which they are
allergic. A survey published in the Clinical & Experimental Allergy journal found that
there were many frequent misunderstandings about food allergies. This survey
found that “38% [of the restaurant owners, managers, waiters, and chefs who
responded] believed an individual experiencing a reaction should drink water to
dilute the allergen…”(Bailey and Albardiaz et al., 2011). This confusion about what
should be done when a customer is experiencing an allergic reaction could result in
a fatal reaction. As stated before, immediate recognition of anaphylaxis is essential
to keep food allergic persons safe. Fatal allergic reactions could be greatly reduced if
there were laws requiring restaurant employees to be educated about food allergy
safety.
Are Restaurants Liable?
Many people go into anaphylactic shock at restaurants because restaurants
are extremely dangerous places for those with food allergies. As Wüthrich found in
his study in Switzerland, this is because of the hidden allergens that may be in
dishes (Wüthrich, article, March 2000). Although many may believe that restaurants
have to provide a detailed list of ingredients for their customers, they are actually
not required to do so. Even if a customer inquires about a specific ingredient, “a
restaurant has the choice to provide the information and any necessary warnings to
its customers” (LaMance, 2013). However, if a customer is provided with incorrect
information about ingredients and suffers an allergic reaction, the restaurant may
be sued.
Through a lawsuit against the restaurant, the food allergic customer may
receive some financial reparation. LaMance also stated in an article titled Food
Allergy Lawsuits that “[l]egal remedies for food allergy injuries usually include a
monetary damages award to compensate the injured person for lost expenses…”
(LaMance, 2013). This means that if the restaurant or employee was found to be
negligent when serving or preparing the food, they must pay for the hospital bills,
medical costs, court fees, and lost wages of the person who had the allergic reaction.
These laws do not prevent injury; they only provide a mechanism for compensation
if injury occurs.
Keeping Customers Protected:
Even though the majority of restaurants cannot provide a comprehensive
ingredient list upon request, some communities are taking the initiative and
creating laws that require restaurants to do just that. Massachusetts recently
became the first state to hold restaurants accountable for their customers’ allergic
reactions. The law allows restaurants to voluntarily become certified as “Food
Allergy Friendly.” Once certified, they must post or have a full list of ingredients
used in each dish available for the public. In addition, if a restaurant that is “Food
Allergy Friendly” violates any of the sanitary precautions stated in this law they
“shall be subject to the remedies available under the state sanitary code for food
establishments” (Malegislature.gov, 2010). By creating this law, Massachusetts has
taken a step in the right direction. New laws of this type can influence communities
outside of the law’s jurisdiction.
These regulations require restaurant owners and employees to be educated
about food allergy safety, which could create a much safer restaurant environment
for those who have food allergies. In addition, instituting laws similar to
Massachusetts’ would make restaurants legally liable if their customers go into
anaphylactic shock. Other states should follow the example Massachusetts has set
and create similar laws. By allowing restaurants to voluntarily become certified
“Food Allergy Friendly” children like Emily Knight can go to restaurants where they
know they will be protected.
References
Bailey, S., Albardiaz, R., Frew, A. and Smith, H. (2011). Restaurant staff's knowledge
of anaphylaxis and dietary care of people with allergies. Clinical \&
Experimental Allergy, 41 (5), pp. 713--717.
Branum, A. and Lukacs, S. (2008). Food Allergy Among U.S. Children: Trends in
Prevalence and Hospitalizations. [e-book] U.S. Department of Health & Human
Services. p. 1. Available through: Google Scholar
http://gactaern.org/Unit%20Plan/Nutrition%20and%20Food%20Science/F
ood%20and%20Nutrition%20Through%20the%20Lifespan/FCS_FNL_2/FCS_
FNL_2_%20FoodAllergyinChildrenHandout.pdf [Accessed: 20 Nov 2013].
Fliesler, N., & Underwood, T. (2013, Nov 26). A peanut a day. Retrieved from
http://hms.harvard.edu/news/peanut-day-11-26-13
Lamance, K. (2013). Allergic Reactions to Restaurant Foods | LegalMatch Law
Library. [online] Retrieved from: http://www.legalmatch.com/lawlibrary/article/allergic-reactions-to-restaurant-foods.html [Accessed: 21 Nov
2013].
Lamance, K. (2013). Food Allergy Lawsuits | LegalMatch Law Library. [online]
Retrieved from: http://www.legalmatch.com/law-library/article/foodallergy-lawsuits.html [Accessed: 21 Nov 2013].
Mandabach, K., Ellsworth, A., Vanleeuwen, D., Blanch, G. and Waters, H. (2006).
Restaurant managers' knowledge of food allergies: A comparison of
differences by chain or independent affiliation, type of service and size.
Journal of Culinary Science \& Technology, 4 (2-3), pp. 63--77.
Malegislature.gov (2013). General Laws: CHAPTER 140, Section 6B. [online]
Retrieved from:
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Sec
tion6b [Accessed: 20 Nov 2013].
Pumphrey, R. and Others (2000). Lessons for management of anaphylaxis from a
study of fatal reactions. Clinical and experimental allergy, 30 (8), pp. 1144-1150.
Sampson, H. (2003). Anaphylaxis and emergency treatment. Pediatrics, 111
(Supplement 3), pp. 1601--1608.
Wüthrich, B. (2000). Lethal or life-threatening allergic reactions to food..Journal of
investigational allergology & clinical immunology: official organ of the
International Association of Asthmology (INTERASMA) and Sociedad
Latinoamericana de Alergia e Inmunolog\'\ia, 10 (2), p. 59.