Fine for restaurant that didn’t declare an allergen (nuts) on their menu
A case law update on the prosecution of PGR Restaurant Ltd by Coventry City Council trading standards.
What was the case about?
A mother complained about a hot chocolate drink that was served without any allergen warning when it contained Nutella. Her son drank the drink and was taken by ambulance to hospital after suffering an allergic reaction to the nut content. The complaint was only made because the mother had contacted the restaurant and asked the manager to alter the menu to reflect the Nutella ingredient and was not convinced her request was being taken seriously. Trading standards made an unannounced visit to the restaurant and bought a hot chocolate drink which they sent off for analysis. Some menu items indicated that they contained nuts, but the hot chocolate drink didn’t. It was found to contain 17.8mg of Hazelnut protein. The court was informed that as little as 0.1mg can give a reaction for 1% of people with a hazelnut allergy. The Council had visited the restaurant, and associated business premises, prior to this incident and advised about how to comply with allergen labelling and the importance of doing so.
What did the court decide?
The restaurant and three individuals, the sole company director, the manager and the restaurant day to day manager, all pleaded guilty. They were all fined, and each ordered to pay a victim surcharge of £120 as well as contributions towards the prosecution costs. The company was fined £16,667 and the others, £1,661, £2,169 and £2,169 respectively.
What does this mean for advisers?
The Council’s news article covering the case gave the Citizens Advice consumer service contact details to remind people that anyone concerned about the accuracy of a food description could contact the service for advice and for the matter to be reported to trading standards.
Food complaints are dealt with differently across the UK. Consumer service advisers are able to check local arrangements. If it’s not trading standards, clients will be provided with contact details, where appropriate, for the relevant service.
Kate Hobson is a Consumer Expert in the Expert Advice Team at Citizens Advice.
