Lawsuits

Posted on: Mon, 05/03/2004 - 4:40am
Polly66's picture
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Joined: 02/05/2004 - 09:00

If McDonalds can get sued for having coffee that is too hot, is anyone taking legal action against companies or restaurants who are giving false information regarding allergens therefore causing a reaction in the allergic individual????????

Posted on: Mon, 05/03/2004 - 6:08am
klrwar's picture
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Joined: 02/25/2004 - 09:00

I feel that there's two ways to look at Lawsuits against restaurants/manufactures for neglect in listing/warning about allegenic ingredients...
1. They could push companies and restaurants to the point where they say "it's too risky to make anything w/ peanuts/nuts in it" and they get rid of all peanuts/nuts in their products/restaurants altogether.
- OR -
2. They could push them to the point where they say if you are peanut/nut allergic we can't guarantee ANY of our foods don't contain peanuts/nuts, so "eat at your own risk".
You would hope that current disability laws would prevent No. 2, but you never know... Also, I'm sure the peanut industry would do everything in it's power to prevent #1 from happening too...

Posted on: Mon, 05/03/2004 - 6:20am
erik's picture
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Joined: 05/15/2001 - 09:00

Quote:Originally posted by klrwar:
[b]2. They could push them to the point where they say if you are peanut/nut allergic we can't guarantee ANY of our foods don't contain peanuts/nuts, so "eat at your own risk".[/b]
I think it is more likely to be option #2, as I have already found many restaurants that do this.
I doubt option #1 would ever happen, as there are other life threatening allergens out there (ie: fish, shellfish, etc), so it would be hard to remove peanuts and tree nuts from the menu without also removing other life threatening allergens, because people could still have life threatening reactions to the non-nut allergens.

Posted on: Mon, 05/03/2004 - 6:27am
Going Nuts's picture
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Joined: 10/04/2001 - 09:00

Unfortunately my middle aged brain is failing to remember the details, but several years ago the parents of a 19 year old college student who died after eating cookies that were not labelled for cross-contamination sued the cookie manufacturer. [b]They lost[/b]. Hard to believe, but true.
I can't remember the name of the company involved - all I remember is that their son bought cookies from a dorm vending machine. There was no mention of peanut, anywhere on the packaging. The fact that they were not [b]legally obligated[/b] to label figured into the decision.
I imagine with restaurants proving liability could be even tougher. Barring outright negligence (like putting an obvious peanut product in the customer's food) they could always plead ignorance saying they could not guarantee ingredients from their suppliers. I imagine they could even refuse to serve people asking about peanut ingredients.
Last year in my town a visiting family took their PA 14 year old DD to dinner at an Asian restaurant (first mistake, I know). They explained her allergy, and tahe restaurant guided their menu choices accordingly. The girl reacted, an ambulance was called. Now - hold on to your hats - the restaurant presented them with a bill as the girl was being loaded onto the ambulance. [img]http://uumor.pair.com/nutalle2/peanutallergy/rolleyes.gif[/img]
Maybe it's just me, but there seems to be a giant disconnect between what is right [b]legally[/b] and what is right [b]morally[/b].
I'll step off my soap box now. [img]http://uumor.pair.com/nutalle2/peanutallergy/biggrin.gif[/img]
Amy

Posted on: Mon, 05/03/2004 - 12:18pm
dmbb's picture
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Joined: 10/12/2002 - 09:00

I believe it was Joshua Ramirez who ate a World's Greatest Chocolate Chip Cookie. His story can be found at [url="http://www.foodallerrgyinitiave.org."]www.foodallerrgyinitiave.org.[/url] Click on the peanut icon, and then "Joshua's Story."

Posted on: Mon, 05/03/2004 - 12:19pm
dmbb's picture
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Joined: 10/12/2002 - 09:00

I believe it was Joshua Ramirez who ate a World's Greatest Chocolate Chip Cookie. His story can be found at [url="http://www.foodallerrgyinitiave.org."]www.foodallerrgyinitiave.org.[/url] Click on the peanut icon, and then "Joshua's Story."

Posted on: Mon, 05/03/2004 - 12:58pm
KarenH's picture
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Joined: 09/21/2002 - 09:00

Here's the link again...the other one is misspelled
[url="http://www.foodallergyinitiative.org"]http://www.foodallergyinitiative.org[/url]
Such a sad story!

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