Owen's Law is a campaign pushing for restaurants to display all information about allergens directly on their main menu. The goal is to make sure customers have clear and complete details about what they're ordering.
Currently, the law requires restaurants to declare allergens verbally or on a separate allergy menu. Owen’s family is pushing for a law that requires allergen information to be included on the regular menu.
The campaign stems from a tragic incident in 2017 when Owen Carey experienced a fatal allergic reaction to a meal he was told was safe for him to eat. In this article, we’ll take an in-depth look at Owen’s Law and what it means for restaurants in the UK.
How did Owen’s Law come about?
In 2017, Owen Carey dined at a Byron Burger restaurant in London on his 18th birthday. Owen had severe allergies which he informed the restaurant of, and he ordered a chicken burger believing it was safe. Unfortunately, the burger Owen was served was marinated in buttermilk, which triggered a severe anaphylactic reaction.
Despite efforts by paramedics, Owen couldn’t be saved. It was later determined that his survival chances were slim, even if he had an EpiPen.
Since then, Owen’s family has been pushing for changes to UK restaurant laws, aiming to build upon Natasha’s Law, which makes it mandatory for foods prepared on-site, like sandwiches, to have a complete list of ingredients. The enforcement of this law in 2021 followed a similar incident in which 15-year-old Natasha Ednan-Laperouse suffered a fatal allergic reaction to a baguette purchased from Pret-a-Manger.
Owen’s law aims to address the gaps in allergen laws for restaurant dining and convince the industry, the Food Standards Agency, and the Government to make these changes, emphasising that it’s a low-cost solution with significant benefits for those dealing with allergies and anaphylaxis.
Is Owen’s Law now in force?
On May 15th 2023, MPs discussed the matter in Parliament following a petition with 13,000 signatures, including support from UK restaurants. During the recent debate, Health Minister Neil O’Brien mentioned that the government is open to considering proposals for a national allergy tsar and will carefully examine the suggestions for the law.
For the petition to become law, it needs to turn into a bill, go through the House of Commons and the House of Lords, and get Royal Assent.
The Food Standards Agency (FSA) supports the call for Owen’s Law. At a recent meeting, the FSA agreed that written allergy information should be mandatory in restaurants and coffee shops. They plan to communicate this stance to the government and also announced that they will create guidelines for food businesses on how to offer written allergen information.
According to reports, Owen’s family got an apology letter from Byron Burger’s CEO but hasn’t received damages or specific compensation. Owen’s father, Paul, mentioned on BBC Radio 2 that Byron Burger’s insurers declined to pay damages and only offered to cover part of the legal and funeral costs.
Byron Burger has further communicated that it has enhanced its allergen procedures since Owen’s death. CEO Simon Wilkinson, who joined the company after the incident, expressed support for industry-wide improvements to prevent more accidental deaths and stated a willingness to collaborate with Owen’s family on any changes.
What allergen information must food businesses provide currently?
Food businesses in the UK must inform customers if their products contain any of the 14 major allergens, as recognised by food law. These allergens include:
Celery;
Gluten-containing cereals;
Crustaceans;
Eggs;
Fish;
Lupin;
Milk;
Molluscs;
Mustard;
Peanuts;
Sesame;
Soybeans;
Sulphur dioxide;
Sulfites;
Tree nuts.
For pre-packed food or drink, the 14 major allergens must stand out in the ingredients list using techniques like bold, italic, or coloured type to make it easier for consumers to identify allergen ingredients.
Food businesses like bakeries or butchers are also required to give allergen information for individual items if the product contains any of the 14 major allergens.
Restaurants or cafes are obliged to offer allergen information either on the menu or through a prompt on how to obtain the details.
Failure to adhere to legal obligations that result in harm to a customer due to an allergic reaction provides valid grounds for an allergic reaction compensation claim. These laws are designed to protect UK consumers from potential allergen risks, and compliance is mandatory.
If you have suffered an allergic reaction due to the negligence of a food vendor, get in touch with us today for a free case assessment. We’ll help you understand the strength of your claim and how you might be able to move forward in seeking compensation for harm caused.