Location: Massachusetts
Yesterday I got married, and we have people in the bridal party with tree nut allergies. There was no indication on the menu, and was never told to us that one of the appetizers would be cooked in a cashew butter. The bridesmaid asked the staff point blank if there was nuts in any of the food. They said no. She had a bad allergic reaction, ambulance had to come etc. then they go and find the cook and come to find out it was cooked in a cashew butter. She told them she had the allergy, she asked straight up if there was nuts in it and was told there was not. Nothing on the menu under the item or even at the bottom gave a warning about possible contamination with nuts. Anything I could do?
Comments
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Not sure what you can do, legally. However, your bridesmaid can, and likely should, sue.
I am a lawyer, not your lawyer.
I’m also a food allergy mom.
There is no requirement for restaurants or caterers to warn of nut ingredients. There is no requirement for labeling on menus.
However, the fact that she informed them of the allergy and asked them about ingredients is a separate issue and is enough for the basis of a suit.
You cannot do anything.
The bridesmaid can and should attempt to recover medical fees from the caterer.
In the future, my process for deciding whether something is safe to eat for my child is to email the catering company owner or restaurant general manager in advance to ask about allergies. Never rely on waitstaff and never rely on a spur of the moment answer. And with an email, you have their answer in writing as evidence if there are any issues.
Did you ask about allergens before signing the catering contract?
Does the catering contract say anything about potential allergens?