October 1, 2024

 By: Karen Piso Nadeau, Esquire

Halloween Season & Risk of Food Allergic Reactions

The month of October is full of anticipation for our children who are planning their favorite Halloween costumes and taking in the Halloween décor of witches, ghosts, and scary themes. The local supermarkets and retail shops kick into high gear with all things Halloween with a focus on candy overload from candy corn to Reese’s peanut butter cups and Kit Kats. We all have our favorite Halloween candy. For families with children who have food allergies, Halloween time is a difficult time where family members are on high alert and anxious about the potential for food allergens being inadvertently ingested. Halloween treats may be unsafe. In the United States, 1 in 13 children have a food allergy. Food allergies are life threatening and a growing public health issue. Even a tiny amount of the allergen has potential to cause a severe reaction. Emergency rooms see un uptick in hospitalizations for food allergies during the Halloween season. There are things we can do to have all our children, including those with food allergies, enjoy Halloween and have a safe and happy Halloween.

Common Food Allergies and Symptoms of an Allergic Reaction

Children allergic to peanuts, tree nuts, eggs, milk, or wheat (which are common ingredients in packaged candy) can’t go trick-or-treating and eat any treats. These ingredients are found in chocolates and fruit chew. The risk of being exposed to allergens is just too high for some kids. The reaction can be bad. A single bite can trigger anaphylaxis-a life threatening reaction. Anaphylaxis is a severe reaction that affects the entire body and can cause the immune system to release chemicals that may lead to shock. Symptoms include swelling of lips, mouth, throat, tongue, difficulty breathing, wheezing, or feeling like you’re choking, difficulty swallowing, dizziness, and fainting. Many candies are off limits either because they contain allergens or due to cross contact.

Promoting the Teal Pumpkin Project

The Teal Pumpkin Project was initiated by Food Allergy Research & Education (FARE) whereby families across the world can participate by placing a teal pumpkin at your doorstep to show allergy free options are available for trick-or-treating at Halloween. The project promotes safety and inclusion. A teal pumpkin on your doorstep means you have non-food treats available such as small toys or trinkets in place of Halloween candy. This promotes inclusion for food allergy trick or treaters. Teal is the official color of food allergy. It acts as a visual cue that you are giving trinkets instead of food. It is a simple way to make trick-or-treating more inclusive. By offering non-food treats, more children can enjoy Halloween.

To promote the Teal Pumpkin Project’s message, you can add your address to Teal Pumpkin Project Map so kids looking for non-food treats can plan routes. You can show you participate with a teal pumpkin and have non-food treats ready. Also, you can spread the word and share the Teal Pumpkin Project with family and friends.

Safety Tips to Avoid an Allergic Reaction to Candy

Some safety tips to avoid ingesting candy with allergic ingredients include:

-Approach Halloween with caution.

-No eating candy while trick-or-treating.

-Allow for time to review all treats and labels.

-Have epinephrine injector/epi pen available if prescribed.

-Stock up on safe treats or inexpensive trinkets and offer nonedible goodies.

-Avoid candy with no label.

-Read labels carefully.

-Remind children to ask before eating any candy.

-Plan alternatives to trick-or-treating such as a Halloween Party

or watching a Halloween movie.

-Inform others about food allergies.

-Talk to teachers.

-Trade or swap unsafe candies.

-Explain the symptoms of anaphylaxis, a severe allergic reaction, including shortness of breath, difficulty swelling, hoarseness, swelling of lips or tongue and dizziness.

When to Seek Medical Attention for Food Allergic Reaction

It is important to note that even if epinephrine is administered right away and anaphylaxis symptoms seem to stop, children should still be taken to the emergency room. Children develop symptoms within an hour after eating the food containing the allergen. Symptoms include hives, shortness of breath, swelling, throat irritation, upset stomach or diarrhea, weakness or passing out.  Use an epi pen if the child has trouble breathing or swallowing or has more than one symptom. See Healthychildren.org and Food Allergy Research & Education (FARE).

Nadeau Harkavy’s Experience with Food Allergy Cases

At Nadeau Harkavy LLC, we have a lot of experience handling food allergy cases. Whether it is a well-known fast food restaurant or a five star elegant fine dining restaurant, mistakes are made and food is improperly served. Often, this is due to a lack of guidelines, training and systems in place to confirm if allergies exist and then make certain that the food served does not contain the allergic ingredients. Some servers are clueless and reassure family and those with allergies that a certain dish is safe without the toxic ingredients. Other servers have no idea that serving the allergic ingredients to seriously harm the customer or even kill them. We also hear that the restaurant was super busy or crowded or the restaurant was short staffed. This is when mistakes happen, and we see careless behavior by restaurant employees. Some clients have also told us that there may have been a language barrier.

We have cases where the restaurant placed the food in allergy safe packaging giving a false sense of safety when in fact the food is contaminated. We also see cases where clients tell us they are usual customers at the restaurant and are known by name by the waiter who knows about their allergies but again they were negligently served the allergens in their food. In other cases, there may be a special on the menu or some sauce on the food that contains the milk or nuts unknown to the server. We have cases involving allergies to shellfish, milk, cheese, tree nuts, and peanuts. Some clients experience immediate allergic reactions while at the restaurant with throat irritation, throat closing or vomiting in the restaurant’s bathroom. Other clients have experienced the symptoms on their ride home or at their home or college dorm. Our clients ages range from young children to college students and adults. Some of our clients have stopped breathing, lost consciousness, have reduced oxygen levels and end up inpatient for days in ICU. It is that serious. Awareness is key to reducing these severe allergic reactions. Holding the restaurants responsible for the harm caused to a child, a college student or adult plays a significant part in forcing these restaurants to re-evaluate their training, guidelines, and safety around food allergies and making sure their customers are safe. Usually it is the restaurant’s insurance company that steps in and handles the personal injury claim and paying the victim harmed compensation for the harm caused.

The harm to a child and their family goes beyond the physical harm and physical symptoms. The emotional and mental toll can’t be ignored. I hear parents tell me that eating out-whether it be a fast food chain or a nice sit down dinner with family- is a nightmare after experiencing the trauma of an allergic reaction at a restaurant. The child with the allergy is afraid to eat. Parents have high anxiety and stress around food. They can’t forget the fact that they placed their trust in a restaurant and that trust was breached. Can it happen again? Post-traumatic stress is real for these families. Food and eating out is a way to relax, gather with friends and family and enjoy life. But for those with food allergies who have experienced an allergic reaction due to a restaurant’s careless behavior, eating out causes a lot of family stress that remains long after the traumatizing event. Safety and awareness are important to keep in mind to reduce the risks associated with food allergies.

At Nadeau Harkavy LLC, we have over 60 years combined experience representing injured people and their families when they have been involved in a motor vehicle accident, trip and fall or other type of accident. We have recovered millions of dollars in compensation for our clients over the years to help them get on with their lives after suffering the consequences of a serious accident.  We make sure everything is done to protect your interests while you and your family concentrate on getting better. We handle all types of car accident cases including wrongful death and brain injury. We represent drivers, passengers, pedestrians, bicyclists, as well as other types of car accident cases such as scooter, motorcycle, and skateboard cases. We also handle other types of injury cases such as trip and fall, slip and fall, food allergy, dog bite, construction site, and catastrophic injury accidents. If you or a loved one has been harmed through no fault of your own, call us today for a free consultation about your legal rights at 617-674-7640.