Nightmare allergy situation

[Olzki]

I'm having possibly the worst 45 minutes of my life.

I have just received a Facebook message from a customer in an ambulance with her partner whose throat has closed up following an allergic reaction after eating a chicken waldorf baguette purchased in my coffeeshop. As it's a "daily special" it doesn't have a full allergy ingredients sticker on it, unlike all of our "regular" sandwiches.

It was displayed with a mini chalkboard which said it was a Chicken Waldorf baguette, but my manager who wrote out the chalkboard forgot to write NUTS on the chalkboard, which is our policy (all our other boards have allergy info on them).

Both my members of staff in the shop when the baguette was sold knew it contained nuts, and we have several A4 sized signs displayed clearly in the shop, telling customers with allergies or intolerances to inform us before they order as our food may contain allergens, as well as a more detailed allergy notice, also A4, detailing the 14 different allergens, and again, asking customers to inform us before they order if they have any allergies. The customer did not inform us of his nut allergy, and I'm a little surprised that someone with a nut allergy isn't aware that Chicken Waldorf contains nuts, but I'm aware that neither of those things is an excuse for the current situation.

Needless to say I am furious with my manager for not following our policy and not writing NUTS on the mini chalkboard. Even more so as he created the salad filling himself, knew there were nuts in it, and knew that our policy is to write allergy information on the mini chalkboard. I was in the shop when he arrived to work, and he informed me that the baguette was chicken waldorf, and I'm kicking myself that I didn't remind him of the need to write NUTS on the mini chalkboard, but in fairness, it's not something that he's ever forgotten before. I was not present when the baguette was sold; if I was I would of verbally warned the customer of the allergies present, as that's a habit I have, especially with food items where the nut isn't in the name of the product e.g. walnut coffee cake vs chicken waldorf.

So, I'm wondering if anyone has any advice or guidance for my current situation. I am in communication with the partner of the customer, who is currently in the hospital, and so far I have confirmed that NUTS was not written on the board, confirmed that is not our policy, and explained that it was forgotten by my manager, and that I am very angry at him for doing so. I have also pointed out that we have multiple allergy warning signs aroound the shop, but also made it clear that that is cold comfort at a time like this.

Thanks in advance for any guidance, suggestions comments - yours, extremely worried in Brighton.

 

[MOIC]

Speak to your insurance company would be my first response.

Check the welfare of your customer and get a written diagnosis of his/her situation.

Sticky labels on EVERYTHING from now on!

 

[Chris Ashdown]

Don't bugger around on the forum, get onto your insurance company and refer any questions or callers to them

 

[simon field]

How thick are some people!

 

[bovine]

Was this PrePack Direct Sale or no? I'm hoping you're aware of the changes to allergen labelling that came in back in October.

But as has been said, let your insurance company take over. The less you say to the customer at this stage the better.

 

[fisicx]

As @bovine said, the rules have changed and you have to put labels on everything. Even our butcher now has to label his fresh sausages with all the ingredients.

Talk to your insurance today. It could save your business.

 

[Olzki]

Was this PrePack Direct Sale or no? I'm hoping you're aware of the changes to allergen labelling that came in back in October.

But as has been said, let your insurance company take over. The less you say to the customer at this stage the better.

This was not technically PPD.

We have sarnies that are date sealed in bags, and they all have full list of ingredient stickers, that are stuck to the outside of the bag when it is date sealed, but this was a "special".

We were visited earlier this year by a council employee to do a check, and they said for "specials", so long as we have the full list of ingredients behind the counter, allergy notices up, staff aware of what allergens are in the special, and we don't date seal the bag, we don't need the full list of ingredients, as it's not technically packaged.

I'm now thinking even all that isn't enough, so from here on out, any sandwiches that are "specials" and don't have the full list of ingredients stickers, will have a blank sticker put on the bag, and we will handwrite which, if any, of the 14 allergens are present, and maybe, again, write a warning that requests that any customer with allergies and intolerances make themselves known to staff.

I've spoken to my insurance company, who have advised to no longer communicate with the customer or his partner. She messaged me about 30 mins ago, and the good news is that he is in hospital, and the treatment he has received has been very effective. They are going to keep him in for 24 observation, but he should be okay. Massive sigh of relief.

Thanks again for all the advice and guidance; always helpful, especially in a moment of crisis!

 

[WaveJumper]

And if your staff member knew your policy for writing on the blackboard re the NUTs make sure you take some form of disciplinary action and document the whole procedure.

And consider someone at some point make ask to see your risk assessments and policies for your daily operations and maybe even your training records........ hopefully you can lay your hands on these easily.

 

[Frank the Insurance guy]

As mentioned above - speak to your Insurance company NOW.

They should take the stress off your shoulders and that is why you pay for insurance.

Your products liability cover will protect you here.

You must not make any admission of liability - this may invalidate your insurance policy

Call your insurance company or broker now and they should hold your hand through the process. Do not response or reply to the customer without your insurers' agreement.

Avoid any discussions over the phone - these can often be misunderstood by both you and the customer, so if they call, you need to give them your email address and ask them to put anything in writing so their is no misunderstanding.

Most of all - Don't worry and take all the support you can from your Insurance company.

 

[ecommerce84]

We were visited earlier this year by a council employee to do a check, and they said for "specials", so long as we have the full list of ingredients behind the counter, allergy notices up, staff aware of what allergens are in the special, and we don't date seal the bag, we don't need the full list of ingredients, as it's not technically packaged.

This is incorrect advice to my knowledge, and I know it took time for EHO’s to be brought up to speed.

If you make the baguettes to order, you don’t need a full ingredients list but if they are pre packaged, you do in order to comply with Natasha’s law.

A full ingredients list would have likely prevented this from happening so I would introduce it as the bare minimum even for specials going forward. (I don’t think your suggestion of handwriting the allergens on the labels is compliant with Natasha’s Law)

I find people are reluctant to tell us their allergies, so despite having the same signage as you up begging them to do so, we work on the assumption that they won’t tell us and try and make it foolproof elsewhere with labelling.

 

[ecommerce84]

Additionally signage shouldn’t just say NUTS - it needs to specify the nut so it should say WALNUTS.

(In the same way it should say WHEAT or BARLEY and not GLUTEN which is something I see a lot).