Food Safety Claims

Food safety claims arise when consumers suffer illness or injury from contaminated, adulterated, or mislabelled food products. Claims can be brought under the Consumer Protection Act 1987 (strict liability for defective products), negligence, and/or breach of contract.

Common claims include food poisoning from bacterial contamination (Salmonella, E. coli, Campylobacter, Listeria), allergic reactions from undeclared allergens (Natasha's Law now requires full ingredient labelling on pre-packed for direct sale foods), foreign objects in food (glass, metal, plastic), and chemical contamination.

The Food Standards Agency (FSA) and local authority Environmental Health Officers investigate food safety incidents. Food recall notices, Environmental Health inspection reports, and HACCP (Hazard Analysis and Critical Control Points) records are key evidence.

For restaurant food poisoning claims, evidence linking the illness to the specific venue is essential — stool sample testing, GP records, and evidence of other diners being affected all help. For product claims against manufacturers, batch testing and recall data are relevant.

Compensation for food poisoning typically ranges from £1,000 to £10,000 for mild cases. Severe food poisoning requiring hospitalisation can reach £10,000 to £50,000. Allergic reactions causing anaphylaxis or death attract higher awards. Fatal food allergy claims (such as allergen mislabelling cases) can reach £100,000 to £500,000. The limitation period is 3 years.