Managing allergen information in the food and drink industry

The Inquest into the tragic death of 13-year-old Hannah Jones has brought renewed attention to the vital issue of allergen management in the food and drink sector. Hannah had a dairy allergy and died after suffering an immediate reaction to a hot chocolate purchased from a Costa Coffee outlet in Barking, east London, in February 2023. The post-mortem examination established that her death was caused by a hypersensitive anaphylactic reaction to an ingredient. Assistant Coroner Dr Shirley Radcliffe found that the root cause of death was a failure to follow the processes Costa had put in place to discuss allergies, combined with a failure of communication between Hannah’s mother and the barista.

Tighter rules for greater transparency

The law applying to food and drink prepacked for direct sale has developed in recent years, notably following campaigning by the family of Natasha Ednan-Laperouse who tragically suffered a fatal reaction in 2016 to a Pret A Manger baguette made with sesame seeds. Amendments were made to food information regulations, requiring a list of ingredients to be provided directly on the package or on an attached label. This was intended to increase the transparency of food composition in the out-of-home sector and to help consumers with food allergies to make informed choices. It brought the rules on ingredients labelling for food prepacked for direct sale in line with those already applying to prepacked food.

Evidence heard by the Assistant Coroner in the course of the Inquest established that Costa had processes in place, including a book specifying the ingredients used in products that was kept under the till and that should have been shown to customers making a non-dairy selection or stating a dietary requirement. Costa baristas underwent specific allergy safety training featuring a series of online modules and a quiz to verify their comprehension.

Focus on implementation of processes

It is essential that food and drink businesses ensure that they comply with the requirement to list ingredients on products prepacked for direct sale and that they make sure that related procedures are consistently applied. That will include ensuring that all employees interacting with customers have been trained and have a good understanding of what is expected of them. Arrangements to monitor and audit the implementation of procedures at local level will help in maintaining high standards.

The Coroner has an opportunity to issue a prevention of future deaths report if she concluded from the evidence that she heard that there are circumstances creating a risk of other deaths and that action should be taken to reduce that risk. Media reporting has indicated that she is minded to write to government departments to invite them to consider the practicalities of children with allergies carrying adrenaline when travelling to and from school.

The Food Standards Agency published a Patterns and Prevalence of Adult Food Allergy (PAFA) report in May this year. It estimated that 6% of the UK adult population are estimated to have a clinically confirmed food allergy. This equates to around 2.4 million adults in the UK. The challenge is substantial – for the food and drink industry and society at large – and Hannah Jones’s case another very sad reminder that the consequences when allergen management breaks down can be grave.

If you have questions about the regulation of food and drink labelling, please contact Sarah Taylor.