Navigating the World of Food Allergies: From Gluten Sensitivity to Coeliac Disease and Seeking Legal Compensation
Posted on 9th November 2023
In recent years, awareness about food allergies and intolerances has significantly increased. Conditions like gluten sensitivity and Coeliac disease have come into the limelight, emphasising the need for accurate food labelling, and responsible food service. For those who suffer from these conditions, accidentally consuming the wrong food can lead to serious health consequences. This blog explores these allergies, their impacts, and why legal recourse through firms like MG Legal’s no win no fee solicitors can be a crucial step for those affected by negligence in food service.
Coeliac Disease: Understanding the Impact and Navigating the Risks
Coeliac disease is an autoimmune condition triggered by a reaction to gluten—a protein found in wheat, barley, and rye—affecting individuals of all ages worldwide. It’s a condition that can cause a host of symptoms, ranging from abdominal pain to malnutrition, and requires a strict gluten-free diet to manage.
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Statistics and Prevalence
Globally, Coeliac disease affects approximately 1 in 100 people, but the number of diagnosed cases varies by region. In England, the prevalence is similar, with estimates suggesting that nearly 1% of the population has the condition, although a significant number may remain undiagnosed.
Who Has Coeliac Disease?
Coeliac disease can occur in anyone from early childhood to late adulthood. However, certain factors increase the risk, including a family history of the disease, the presence of other autoimmune disorders, and genetic predispositions.
The Risks of Eating Out
Eating out can be one of the biggest challenges for individuals with Coeliac disease. Cross-contamination with gluten-containing foods can occur in kitchens that are not specifically designed to cater to gluten-free diets. In England, despite increased awareness and regulation, there have been instances where individuals with Coeliac disease have become ill after eating food that was supposed to be gluten-free. The exact number of these incidents is challenging to quantify due to under reporting and variances in data collection methods.
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Contamination Incidents and Legislation
In the last decade, there have been efforts to improve the safety of food served in restaurants in England, including the EU Food Information for Consumers Regulation which came into force in December 2014. This requires food businesses to provide information about allergenic ingredients used in foods sold or provided by them.
Despite these regulations, there have been reported cases of contamination. Data from the Food Standards Agency (FSA) might provide some insight, although specific figures about the number of people made ill from gluten contamination in restaurants are not readily available. It's worth noting that the severity of reactions to gluten can vary significantly among those with Coeliac disease.
Fatalities
The mortality rate directly attributed to Coeliac disease is low, and fatalities due to gluten exposure from contaminated foods are exceedingly rare. Most individuals with Coeliac disease can manage their condition effectively with a strict gluten-free diet. However, long-term complications of untreated or poorly managed Coeliac disease can include serious health conditions such as osteoporosis, infertility, and, in rare cases, intestinal cancers.
Understanding Food Allergies and Coeliac Disease
Food allergies occur when the immune system mistakenly identifies a harmless food protein as a threat, leading to a range of symptoms that can be mild to life-threatening. Gluten-related disorders, such as Coeliac disease and non-Coeliac gluten sensitivity, have garnered particular attention. Coeliac disease, an autoimmune disorder, leads the body to attack the small intestine in response to gluten, found in wheat, barley, and rye. Non-Coeliac gluten sensitivity, while less severe, can still cause discomfort and health issues.
The Risks of Mislabeling and Cross-Contamination
For those with food allergies or gluten-related disorders, cross-contamination or mislabeling of food can lead to inadvertent exposure. Restaurants and food service providers must adhere to strict standards in food preparation and labeling to prevent such occurrences. Unfortunately, mistakes happen, and the consequences for the consumer can range from discomfort to serious health risks.
Legal Protection for Consumers
When someone with a food allergy is mistakenly served the wrong food, it's not just a minor inconvenience; it can be a matter of life and death. In such situations, legal action can be a viable course. Firms like MG Legal are no win no fee solicitors, specialising in personal injury and Coeliac negligence claims. This arrangement ensures that victims can seek compensation for their suffering and medical expenses without the upfront burden of legal fees.
In the UK, food businesses must follow strict laws to protect individuals with allergies. These include:
Allergen Information
Food businesses must provide allergen information on any food they sell or provide. This applies to prepacked, non-prepacked (loose) foods, and prepacked for direct sale (PPDS) foods.
Prepacked Foods
For prepacked foods, allergens must be emphasised on the ingredient list on the packaging.
Non-Prepacked and PPDS Foods
For non-prepacked and prepacked for direct sale foods, allergen information must be provided in writing or orally. However, there must be clear signposting to tell customers how to obtain this information.
The "Natasha's Law"
Named after Natasha Ednan-Laperouse who tragically died from an allergic reaction caused by a prepacked baguette, this legislation came into effect in October 2021. It requires businesses to provide a full ingredients list with clear allergen labelling on foods prepacked for direct sale.
Staff Training
Staff members in establishments that serve food need to be trained on allergens and should be able to provide accurate information to customers.
Cross-Contamination
Businesses must manage and reduce the risk of cross-contamination of allergens in their premises.
Failing to comply with these regulations can result in heavy fines and other legal consequences for the businesses involved. Customers with allergies are always encouraged to inform staff about their allergies before ordering food.
Why Contact MG Legal’s Solicitors?
Expertise in Coeliac Negligence Claims
Specialising in personal injury and Coeliac negligence claims, MG Legal’s solicitors have a deep understanding of the laws and regulations surrounding food safety and labeling.
No Win No Fee
This arrangement removes the financial risk for clients, allowing them to pursue justice without the fear of incurring large legal costs.
Support and Guidance
Navigating the aftermath of an allergic reaction can be daunting. Our legal team can offer not just legal advice but also support and understanding.
Holding Parties Accountable
By pursuing legal action, not only can you receive compensation, to help getting your life back on track, but it also helps in holding restaurants and food manufacturers accountable, potentially preventing future incidents.
Conclusion
Food allergies, including gluten sensitivity and Coeliac disease, are serious conditions that require careful management, especially in food service. When mistakes occur, the consequences can be severe. Legal recourse, such as through MG Legal’s no win no fee solicitors, offers a pathway for affected individuals to seek compensation and justice, while also promoting greater accountability in the food industry. By understanding these conditions and knowing your legal rights, you can better navigate the challenging world of food allergies.
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