Food Labelling

Baroness Jones of Whitchurch Excerpts

Tuesday 9th October 2018 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am grateful to the Minister for repeating that response and echo him in sending our deepest condolences to the friends and family of Natasha Ednan-Laperouse and Celia Marsh, who both died tragically following fatal allergic reactions.

In Natasha’s case, she had been reassured that the baguette she had purchased was safe for her to eat by the lack of specific allergen information on the packaging. Unbeknown to her, it contained sesame, to which she was allergic. Celia Marsh died after consuming food labelled as dairy-free which was found to contain dairy protein.

As these cases demonstrate, it is imperative that food labelling is both accurate and complete. At present, however, UK food regulations relating to allergen information appear to be seriously lacking, resulting in entirely avoidable deaths. It is clear that we need urgent change to the current legislation.

As the Minister explained, under the current rules, foods packaged on-site before sale do not require a specific allergen label attached. Natasha’s parents have been campaigning to change food labelling laws, which they describe as having played “Russian roulette” with their daughter’s life. Will the Minister commit to amending the regulations to require all produce to be individually labelled with allergen and ingredient information, and will he ensure that such information is meaningful? It is not enough to have a default warning placed on all products, such as the unhelpful “may contain nuts” warning, which appears to be more about protecting businesses from liability than assisting the consumer to make an informed assessment of whether an item is safe for them to consume. This is a public health issue which should have the protection of the welfare and lives of allergy sufferers at its heart.

Finally, I should also be grateful if the Minister could clarify the responsibility of suppliers involved in the manufacture and preparation of food in relation to allergy labelling. Celia Marsh died after consuming guaranteed dairy-free flatbread at Pret A Manger. Although the inquest has not yet been held, I am aware that CoYo, which manufactures the dairy-free coconut yoghurt used in the flatbread prepared by Pret, disputes that its produce was contaminated.

There is a danger of blame being passed up and down the line here, which raises important questions about checks in the supply chain. Can the Minister make clear who is ultimately responsible for the content and accuracy of labelling in such cases, where a number of suppliers and subcontractors are involved? I look forward to his response.

[Lord Gardiner of Kimble]

My Lords, I echo a great deal of what the noble Baroness said. The urgency of this is imperative. The Secretary of State has been in touch with Natasha’s parents. Obviously, we want to ensure that what happened to Natasha, and her parents, wider family and loved ones, does not happen again. That is why the review will be urgent. We will be working closely with the Food Standards Agency and the Department for Health and Social Care and, as I said in the Statement, we will be communicating with the devolved Administrations tomorrow. We will look at the coroner’s report in Natasha’s case, which was received this morning. I should say that in the case of Celia Marsh, as the noble Baroness alluded to, not only is the coroner’s investigation in process but there is a legal dispute between Pret A Manger and CoYo. In those circumstances, I should not want to go any further on that case.

I assure your Lordships that, whether it is suppliers or retailers, the importance of this, as the noble Baroness outlined, is that it is a public health matter. People in this country, particularly those with allergies, should have the right information to know whether something is safe for them to eat. The FSA has campaigned on this over a considerable period. It is not only about raising awareness and issuing guidance for businesses but raising awareness among people with allergies that they must ask—because, as I said, the requirement is that all shops should be in a position to advise the consumer by signs and verbally. I assure your Lordships that we shall look at this with rigour and urgency.