Food allergies affect millions of people, and dining out can create serious risks. Something as small as a trace of peanut or shellfish can trigger a severe reaction.
Due to these dangers, states like Massachusetts have established specific rules for restaurants to help protect customers with allergies.
Massachusetts regulations on allergen warnings
Massachusetts requires restaurants to include a notice on menus that asks customers to inform their server about food allergies. The exact wording is: “Before placing your order, please inform your server if a person in your party has a food allergy.” Restaurants must also display an allergy awareness poster for staff and have a certified food protection manager trained in allergen safety. These requirements are designed to reduce mistakes and cross-contact.
What happens if someone is harmed?
Anaphylaxis is a potentially life-threatening allergic reaction that requires emergency treatment. If a restaurant serves food containing an allergen to a customer who has disclosed their condition, it may face legal liability. Massachusetts courts have held restaurants responsible in cases where warnings were ignored and guests suffered harm.
Certain foods and preparation methods increase the chance of exposure. Sauces, baked goods, dressings and spice mixes often contain hidden allergens. Shared fryers, grills and utensils can spread proteins from one dish to another. Fast casual and buffet settings carry higher risks due to the self-service nature and limited control over ingredients. Staff turnover and poor training also raise the likelihood of errors.
Liability for restaurants
Under Massachusetts law, restaurants can be held liable if they do not take reasonable care or ignore allergen warnings. Liability may also arise under product rules if packaged foods served are mislabeled. Each case depends on the facts and whether the guest can prove causation and damages.
By following the law and using reasonable care, restaurants can reduce the risk of mistakes. When those duties are ignored, a customer may be able to file a personal injury claim.