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ISSUE 228
CLHNews
Editor's Viewpoint
SEPTEMBER 2019
Calls for Changes to Allergy Laws Following Fatal Allergic Reaction
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The family of a teenager who died after suffering an allergic reaction to chicken covered in buttermilk served at a branch of burger chain Byron have demanded a change in the law on allergen labelling after a coroner said he would have found the menu “reassuring”.
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Owen Carey, who informed staff he was allergic to dairy, suffered a fatal reaction after ordering a eating buttermilk-coated grilled chicken at a Byron branch at the O2 Arena in Greenwich in April 2017. The 18-year-old, from Crowborough, East Sussex, collapsed near the London Eye less than an hour after first experiencing tingling lips, stomach cramps and difficulty breathing. An inquest heard that Owen did not realise the chicken he ate contained the ingredient, which had not been listed on the menu. Owens family, speaking outside Southwark Coroner's Court after the inquest said he was their "shining light" and called on the food industry to "put the safety of their customers first".
"This leaves far too much room for error on an issue we know all too well costs lives." Owen’s order was described on the menu as "Classic Chicken - grilled chicken breast, shredded iceberg, tomato, red onion, pickles, Byron sauce", according to lawyers from Leigh Day, who represented Owen's family. Aimee Leitner Hopps, in charge of health and safety compliance at Byron, told the inquest that the allergy information on the menu met industry standards at the time. The menu used by Byron in April 2017 was a twosided place mat menu which asked customers to inform staff of allergies at the back.
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"It is simply not good enough to have a policy which relies on verbal communication between the customer and their server, which often takes place in a busy, noisy restaurant where the turnover of staff is high and many of their customers are very young.
'Our legal obligation is to demonstrate the information can be provided,' Ms Hopps said. 'So, we have a signpost that asks if you have any allergies. Certainly, we have never been notified of any issues with the location or the size of the text. 'It is very much what the industry standard is.' Assistant coroner Briony Ballard said Owen, who had been out celebrating his 18th birthday with his family, "died from a severe food-induced anaphylactic reaction from food eaten and ordered at a restaurant despite making staff aware of his allergies". In a written conclusion, she said: "The menu was reassuring in that it made no reference to any marinade or potential allergenic ingredient in the food selected.The deceased was not informed that there were allergens in the order." Speaking after the inquest, Byron chief executive Simon Wilkinson said Owen's death was a "matter of great regret and sadness" and acknowledged the food industry "needs to do more".
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Calling for "Owen's Law", they said: "We want restaurants to have to display clear allergen information on each individual dish on their menus.
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