Can I make a claim for mislabelled food?
Recent food recalls involving incorrect allergen information have once again highlighted the risks faced by people living with food allergies and intolerances.
Recall notices published by the Food Standards Agency have confirmed that food products sold by major UK retailers, including Marks and Spencer, Aldi, B&M and Home Bargains, were removed from sale because of concerns about missing or inaccurate allergen labelling. In some cases, products were found to contain allergens such as milk, peanuts, soya or gluten that were not clearly declared on the packaging.
These recalls are not isolated events involving a single supplier or product line. They reflect a wider issue affecting both premium supermarkets and budget retailers.
For people who rely on food labels to keep themselves safe, mistakes like this can have immediate healthcare consequences.
Although product recalls are an important safety measure, they often come after the damage has already been done. In practice, many allergic reactions occur before a warning is issued, having already caused physical and emotional impact on the consumer.
The consequences of food mislabelling
Where allergen details are missing, unclear or wrong, and someone unknowingly consumes ingredients they are actively trying to avoid, reactions can range from abdominal pain and skin symptoms through to breathing difficulties or anaphylaxis. Even where symptoms settle without hospital treatment, the experience can be alarming and deeply unsettling.
Many victims of food mislabelling also report a longer‑term effects such as loss of confidence when shopping, particularly if the product had been bought or consumed safely in the past.
The legal responsibilities of food retailers
Food manufacturers and retailers have clear legal responsibilities to ensure that the products they sell are safe and that allergen information is accurate and complete.
Allergen labelling failures are treated as a serious consumer safety issue. This is why the Food Standards Agency frequently becomes involved and why recalls are often issued urgently once a risk is identified.
If a food product is sold with incorrect allergen information and a consumer suffers harm as a result, the business responsible may be legally liable for that injury. Importantly, a recall does not remove liability where an allergic reaction has already occurred. Responsibility can still arise even if corrective action is taken later.
Claiming compensation for mislabelled food
If you have suffered an allergic reaction after eating food that was incorrectly labelled, you may be entitled to make a claim for compensation.
Claims commonly arise where:
- an allergen was present but not declared on the packaging
- labelling was misleading, unclear or incomplete
- an unsafe product was placed on sale
- a retailer or manufacturer failed to act promptly once a risk became known
Compensation may take into account your pain and discomfort, medical treatment, time off work and, in more serious cases, ongoing symptoms or longer‑term health effects.
How are food mislabelling claims assessed?
Each case is assessed on its own facts. When valuing compensation, the courts refer to the Judicial College Guidelines, which provide guidance on award levels for personal injury claims.
Food allergy reactions can vary enormously, with compensation being based on how severe the symptoms were, how long they lasted, and whether there were any lasting consequences.
It is important for claimants to keep a record of symptoms and medical treatment, along with details of the financial impact.
What to do if you have been affected
If you experience an allergic reaction after consuming a food product that has been mislabelled:
- seek medical advice and ensure the incident is recorded
- retain the product packaging and any receipts where possible
- report the issue to the retailer or manufacturer
- take legal advice from specialist solicitors
How we can help with a claim for mislabelled food
We specialise in food allergy claims, including cases involving allergen mislabelling.
If you have suffered an allergic reaction as a result of an undeclared allergen in a food product, please contact our free legal helpline. Our five-star rated solicitors are here to provide you with a free consultation on a No Win No Fee basis.
