Allergen compliance: The high stakes of getting it wrong

Allergen compliance has become a critical issue, with lives at stake when producers fail to meet standards. How far has the industry progressed since the introduction of Natasha’s Law and what are the true costs of getting it wrong?

In recent years, the tragic deaths of Natasha Ednan-Laperouse, Hannah Jacobs, Celia Marsh, Owen Carey and Megan Lee have underscored the life-threatening dangers posed by food allergens.

These cases represent a profound failure in allergen compliance within the food industry. This has significant ramifications, as non-compliance not only carries devastating personal costs but also significant financial, legal and reputational risks.

The tragic cost of non-compliance

Hannah Jacobs, a 13-year-old with a severe dairy allergy, died in February 2023 after consuming a hot chocolate at Costa Coffee made with cows' milk instead of soya milk (an inquest found there had been 'failure of communication' between Hannah’s mother and the staff), leading to anaphylaxis and her subsequent death.

This tragedy mirrors other high-profile cases, including that of Natasha Ednan-Laperouse, whose fatal allergic reaction to sesame seeds on a Pret-a-Manger baguette in 2016 prompted significant changes in the UK’s allergen labeling laws, now known as Natasha’s Law.

These deaths illustrate the human toll that allergen mismanagement can take, emphasizing the need for businesses to improve compliance, training and transparency.

“A single death from undeclared or mismanaged allergens is one death too many,” said Jessica Merryfield, head of Policy for Chartered Trading Standards Institute (CTSI).

“It’s devastating to hear of another life cut short due to a lack of understanding the needs of a food hypersensitive consumer. The tragic death of Hannah Jacobs is an unwelcome reminder that all businesses must take their responsibilities seriously when it comes to allergens."

Added Merryfield, “CTSI has a wealth of multi-language information that business can access for free to help them understand their responsibilities and put good allergen control and information measures into practice.”

Financial and legal ramifications

The costs of failing to comply with allergen regulations extend beyond the tragic human consequences.

Businesses that don’t properly manage allergens face severe financial penalties and lawsuits. Beyond fines, the financial costs of failures include potential lawsuits, loss of consumer trust and damaged reputations.

Anita Kinsey, senior technical & safety manager for Pret, emphasizes the importance of robust allergen management systems.

“Over the past six years, Pret has established an industry-leading approach to helping customers with allergies, including developing the Pret Allergy Plan,” she told Bakery&Snacks.

“We were the first food-to-go business to introduce full ingredient labels on all freshly made products, two years ahead of the Government’s legislation. Through the Plan, Pret has played a leading role in developing allergen policies, which it has shared across the food-to-go industry.

“This has involved looking at our processes end-to-end: reviewing our supply chain, product development, kitchen processes and our in-shop experience. Alongside the introduction of full ingredient labels, all Team Members undergo allergy awarenesses courses and our managers take supervised allergen exams.

“Our goal is to help every customer get the information they need to make the right choice for them. Allergen management should be constantly reviewed to ensure it’s as effective as possible. Sharing best practices on allergen management, communication and education is key, which is why Pret has always encouraged collaboration through our Industry Exchange Group, set up in 2019. We’re always open to new approaches to better support people with allergies, and we're proud to support the Natasha Allergy Research Foundation’s work.”​​

Progress since Natasha’s Law

Natasha’s Law – which came into effect in October 2021 – marked a turning point for allergen transparency in the UK.​​

The law requires all foods prepacked for direct sale (PPDS) – such as sandwiches ad cakes packed on site – to include a full list of ingredients, with allergens clearly emphasized. It came in response to the failure to properly label allergens in pre-packaged food, which contributed to Natasha’s death.

“Since the introduction of Natasha’s Law​​, we have seen a positive impact for consumers,” Dr James Cooper, deputy director of Food Policy at Food Standards Agency (FSA), told this site.

“It’s essential that people with a food hypersensitivity can buy and eat food with the confidence ​​that they have the right information to make safe choices.​​

“FSA and Food Standards Scotland (FSS) play an important role in ensuring that consumers with food hypersensitivities are protected. “In the lead-up to the introduction of Natasha’s Law, we worked with the food industry, allergy charities, local authorities and academics to prepare businesses and consumers for these new changes by producing practical tools and guidance.

Since its introduction, there has been progress in the food industry. Large retailers and food-to-go chains have adapted, investing in new labeling technologies and staff training.

“It’s been encouraging to see the levels of awareness and business compliance, as shown in FSA's recent PPDS Evaluation report,” ​​said Dr Cooper.

Despite these improvements however, there are still challenges, especially for small businesses, many of which have struggled to afford the costs of new labeling technologies and the rigorous training required for compliance.

“We continue to work closely with partners to ensure that our guidance for businesses is robust, ensuring that consumers are to be able to enjoy food with confidence and have confidence in the choices they make”.

Challenges and area for improvement

While the introduction of Natasha’s Law has brought about positive changes, gaps remain in allergen management.

One of the most pressing issues is inconsistent communication about allergens​​ in non-prepacked foods, especially in restaurants and smaller establishments.

Simone Miles, CEO of Allergy UK, explained, “The most significant challenge for people with food allergies is insufficient and inconsistent allergen information.”

She also highlighted the need for comprehensive staff training across the food industry.

“There is a need for comprehensive allergy training for employees at every level of food service. This should be mandatory to ensure that everyone in the food service chain understands the complexities of allergen management.”

She added, “The most significant challenge for people with food allergies is insufficient and inconsistent allergen information. Confusing blanket ‘may contain’ statements, inconsistent labeling formats and coded ingredient listings that make it difficult for someone with an allergy to feel confident that the product is safe to eat.

“This issue is particularly acute in the bakery aisle of major supermarkets, where many products carry broad ‘may contain’ warnings for the top 14 allergens, effectively making this section off-limits for those managing food allergies.”

Moreover, cross-contamination remains a significant risk in food preparation areas. Allergy UK continues to advocate for stricter controls and clearer labeling to mitigate these risks and protect consumers. The organization has played a crucial role in raising awareness of the ongoing challenges faced by individuals with food allergies and in pushing for stronger regulations.

The role of consumer advocacy

Consumer watchdogs have been instrumental in driving changes in allergen legislation. The introduction of Natasha’s Law was a direct result of the campaigning efforts by Natasha’s family and organizations like the Natasha Allergy Research Foundation. Advocacy remains a critical force in enforcing the importance of clear, transparent labeling and consistent allergen management practices across the industry.

These groups provide a vital voice for individuals with food allergies, helping to ensure that their needs are met and that businesses take their responsibilities seriously.

The way forward

The food industry has made considerable progress in allergen compliance since the introduction of Natasha’s Law, but there is still much work to be done. As Dr Cooper noted, “We continue to work closely with partners to ensure that our guidance for businesses is robust.”

Ongoing education, enforcement, and technological innovation will be key to reducing the risks associated with food allergens and ensuring that consumers can enjoy food safely.

Ultimately, as the tragic deaths of youngsters like Hannah Jacobs and Natasha Ednan-Laperouse remind us, the cost of getting allergen compliance wrong is far too high. Businesses need to prioritize allergen safety, not only to avoid legal penalties and guard brand reputation, but most importantly, to protect the lives of their customers.