Allergy Issue - Who's Responsibility?

Decorating By cakesbycathy Updated 30 Jul 2007 , 5:36am by MahalKita

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cakesbycathy Posted 27 Jul 2007 , 11:40pm
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So I am making a pool party cake for a friend's daughter's 9th birthday (it is the one in the 2007 Wilton yearbook). She and I worked out all the details last week - flavors, price, etc. I have three other cakes also this weekend, so I planned on doing all my baking on Thursday (yesterday). I have the two 10' cakes and the two 8" cakes already baked when she stops by to drop something off.

At some point during our conversation (not cake-related), she reaches over and grabs a box of cake mix ( I buy the Aldi's brand) and says "Is this the one you are using for Taylor's cake?" I say, "Well, I start with that, but then add sour cream and other ingredients." She's reading the side of the box and then says "Well, this won't work because Brian (her son) is allergic to peanuts and there's an allergy warning on this box."

I looked at her and said "I wish you would have mentioned this sooner!"
Anyway, this morning she dropped off boxes of Betty Crocker (she paid for them) so I could re-bake the cakes.

So here's my thing: it did not occur to me to ask if there were any allergies. I just figured if it was an issue someone would tell me when they ordered their cake.
Should I be asking people if they have allergies when they order? Don't people usually bring it up themselves if there is an allergy?

34 replies
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neni Posted 27 Jul 2007 , 11:45pm
post #2 of 35

I believe it's up to the person ordering to let you know.

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leily Posted 27 Jul 2007 , 11:51pm
post #3 of 35

I don't always think to ask, but I have family members who have allergies or their kids do and I gaurentee you that they are ALWAYS making someone else aware of it when ordering food, or they are always asking if there is something specific in there (whatever they are allergic too). It isn't everyones else responsibility to make sure you don't have allergies, you (or family member) are the ones that need to be aware of your diet and know what you are purchasing and putting into your own body.

However I think I am going to start putting this line on my order form so I remember to ask about it. You just never know.

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adven68 Posted 27 Jul 2007 , 11:56pm
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I think it's definitely in the hands of the one ordering. At the time the order is placed. If you already baked the cakes, you have every right to charge her for your time of re-baking.

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PoodleDoodle Posted 28 Jul 2007 , 12:08am
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Well, I think it a little more difficult when you are dealing with a friend. I agree that it's her responsibility to tell you of allergies but how much do you value her friendship. Chalk it up as a lesson learned and maybe create a contract that asks about allergies and states that any changes will be an extra fee. Just my opinion!

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smoore Posted 28 Jul 2007 , 12:14am
post #6 of 35

My son has food alergies and I always make sure that when we order out things are cooked in a way that wouldn't effect him (i.e. peanut oil, etc.). With that said, I would also take FULL responsibility if I ordered something or let him have something without checking first. Anybody that has to read labels like us mom's with kids with alergies should know better than to NOT disclose that information --especially with deadly peanut alergies. Of course if I do inform/ask and am misinformed or lied to, that's a completely different story. Then and only then is it the baker's (or restaurant's) responsibility.

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Elizabeth19 Posted 28 Jul 2007 , 12:16am
post #7 of 35

I do not ask. It is the responsibility of the person ordering to make you aware of any special needs (like smoore said if you have someone with allergies you let people know when needed). That being said I do have a condition on my contract that states cake may be made with or come in contact with milk, nuts, and/or other food allergens and we are not responsible for any allergic reactions (when serving a few hundred people someone is bound to be allergic to something!). The most common one I run into is the nut allergy (almond).

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indydebi Posted 28 Jul 2007 , 12:21am
post #8 of 35

Since I do catering also, I have a higher risk of hitting someone's allergy, with all the different foods I deal with, and I also guarantee you that if there is an allergy in the family, they are telling you about it!

I've had to find 100% pure beef meatballs because of soy allergies; have had to use only Kraft brand ranch dressing because of allergies; had to be sure nothing had onions in it because a bridesmaid had an allergy (and I had to tell her to stay away from the Chicken Teriyake because I realized too late that the teriyake had onion flavoring in it). I've prepared one or two chicken breasts separate from everything due to special diet restrictions due to medical reasons.

The client is the one who informed me of the special need. I am not a medical doctor. I cannot be aware of every allergies and special diet restriction known to man. I do not advertise "100% allergy compatible!"

While it's a good question to have up front, it is ultimately the client's responsibility to make you aware of it.

And if she made it sound like you "should have known better", then she's an idiot.

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smoore Posted 28 Jul 2007 , 12:23am
post #9 of 35

One more thing ... When dealing with friends, family, church, etc... we are constantly reminding others of our son's alergies. It's not like we tell them once and expect them to remember. If I was ordering from a baker, I'd remind them with every order that the cake needs to exclude *whatever* because of alergies. I wouldn't expect them to remember everytime my son's b-day rolls around.

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spongemomsweatpants Posted 28 Jul 2007 , 12:23am
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Ok here is my take on nut allergies and exactly why I WILL NOT cater to those who have them. People who have nut allergies can be so sensitive to nuts that any, and I mean any trace of nuts or nut oil could send them into anafaltic (sp?) shock. They could merely be standing in the same room as someone eating a nut to set them off. There is NO WAY you can guarantee there is no nut traces in your product regardless of what you use. You would literally have to take apart and sterilize all components of your mixer, ovens, buy new pans, frosting tips, bags, wooden spoon, spatulas, etc etc etc well you see where I am going with this. This is why youll sometime see on food packages a warning that reads this product was made in a kitchen that also produces nut related foods or something to that effect. You have to be extremely careful with nut allergies. Now I am not trying to scare you but I would tell the mom to understand that your kitchen has had nuts and nut oils in it and that you can not guarantee that there are no traces of nuts or nut oils in this cake. I might even consider having her sign something stating that you did make her aware of this, just to cover your self. Again I do not want to scare you but I also do not want you to get into trouble because her little man had a bad reaction.

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southaustingirl Posted 28 Jul 2007 , 12:24am
post #11 of 35

I agree with Beth19.

I also list the ingredients on the back of the label that I use for my cookies.

One of my co-workers will always ask me if I have used peanuts or peanut oils. And one of the moms at church will also ask me becasue her son is allergic to nuts or something (can't remember what).

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indydebi Posted 28 Jul 2007 , 12:31am
post #12 of 35

A friend of mine owns a restaurant and she said one customer asked her about peanut use. She said there are no peanuts in her restaurant. Then the customer asked if she used peanut oil in her deep fryer. Well it so happens she did. So the customer said she couldn't have anything fried.

I wouldn't have thought about peanut oils until she shared this story, so I stick to vegetable oil only for this reason.

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Bijoudelanuit Posted 28 Jul 2007 , 12:43am
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It's the customer's responsibility to let you know of any special needs/requests. I'm allergic to berries and it is definately my responsibility as the customer/consumer to ask and find out if it's there.. . I can't just expect everyone else to ask and cater to me... thats insane... until you're told you have no way of knowing who or how many individuals will be enjoying your cake, the person ordering is definately responsible.

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tchrmom Posted 28 Jul 2007 , 12:57am
post #14 of 35

I am a teacher (who dealt with this in the classroom before I found out my son was allergic) and a mother of a peanut-allergic son. I have been interested in cake decorating for years, but his allergy is what gave me the push to take the class from Wilton, since I have to bake his cakes because I can't order from standard bakeries. (Ironically, many of Wilton's products are "made in a factory with nuts or on shared equipment". This is causing me some issues. They have been GREAT about answering my questions, however. I have switched to Americolor as I used up Wilton colors, but I cannot find an alternative meringue powder. If anyone knows of one, I'd love to hear it. I also can't find any candy melts that seem safe.)

I agree with nearly all the posts here that:

1) It is absolutely the customer's responsibility to tell you. I have to carefully read ALL labels for ANYTHING and politely quiz restaurant managers/kitchen managers/chefs before ordering for my son. I think it was very nice of you to re-bake for her.

2) I like the idea of having it on the order form just so the person is sure to think about it.

Those things being said, I think it is nice when people are knowledgeable about just what is in their food. I have NO problem bringing safe food for my son or not ordering a certain dish for him, but it is very difficult when people don't seem to know or seem offended when asked. I also have no problem being the one to check the labels and the companies.

Also, keep in mind that different people's sensitivities, reactions, and comfort zones may vary widely and with good reason. Some are so sensitive that they can have a severe reaction from a few airborne particles or from touching the substance. Others have to actually ingest to have any reaction.

I think, really, that as long as you are as careful and honest and open as you can be about your kitchen and ingredients and manufacturers, you will be greatly appreciated by any allergic customers. Believe me, with what we go through, anyone willing to understand, answer questions, and even try to accommodate is greatly appreciated!

Hope this reall long (sorry) post helps.

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Kitagrl Posted 28 Jul 2007 , 1:03am
post #15 of 35

Nope, if they are allergic, they'll say something. The only thing I ask is if someone orders carrot cake, I ask them to specify whether or not they want nuts. Otherwise most people usually know that cake contains eggs, gluten, dairy, etc and will mention something if there is a problem.

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tmt Posted 28 Jul 2007 , 1:09am
post #16 of 35

Just my humble opinion, but if it were me, I would re-bake the cake. I think this entire situation worked out appropriately. At least she noticed the warning before her child ate the cake! Things could have turned out much worse here had her child ended up in a serious medical condition. I understand this is an inconvenience and yes she should have alerted you of allergies, but really all we are talking about here is re-baking a cake. Good luck to you.

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cakesbycathy Posted 28 Jul 2007 , 1:27am
post #17 of 35

Thanks you guys!
I am rebaking all (9!!) of the cakes with the mixes she brought for me. Apparently, Betty Crocker cake mixes are safe for those with peanut allergies? Didn't know that - filing away for future reference.

I was very surprised she didn't mention it when she ordered the cake. Although the cake is for her daughter and her son is the one with the allergy...maybe that's why she didn't think of it until later.

I'm definitely going to add an "allergy disclaimer" to my contract and labels - good advice!

Thanks!
Cathy

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Doug Posted 28 Jul 2007 , 1:36am
post #18 of 35

late to the conversation

but will add this...

best defense -- strong offense.

so when contacted about an order -
one of the very first things I tell the potential client --
is that i can NOT cater to any allergies.
so if lactose, nuts, gluten, etc. ...sorry, no can make the cake.

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spongemomsweatpants Posted 28 Jul 2007 , 2:58am
post #19 of 35
Quote:
Originally Posted by Doug

late to the conversation

but will add this...

best defense -- strong offense.

so when contacted about an order -
one of the very first things I tell the potential client --
is that i can NOT cater to any allergies.
so if lactose, nuts, gluten, etc. ...sorry, no can make the cake.




I am totally with Doug on this one

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Kitagrl Posted 28 Jul 2007 , 3:21am
post #20 of 35

I've made a few allergy cakes, made the parents sign a disclaimer and list of all ingredients...but I highly dislike doing it and probably won't make a habit of it. Too risky.

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Mamas Posted 28 Jul 2007 , 4:13am
post #21 of 35

First of all, that lady is an idiot. If my child had nut allergies do you think that I would wait that long to inform the person preparing their food? Yeah, maybe you should ask up front but I think it is ultimately the responsibility of the person placing the order to make you aware of their specific dietary needs. You can not be a mind reader and nut allergies are serious business.

I usually buy stuff in bulk but when I have someone who tells me they have a nut allergy I will buy their flour/sugar/baking powder ect in the supermarket because there is absolutely no way to guarantee that the canisters you dig into or the equiptment you use do not have traces of nut oil in them and a trace is all it takes to set some people off. People with nut allergies can be ridiculously sensitive. And I still make sure to tell people that I am not sure that the precautions I have taken will be enough and that they are buying at their own risk..


Don't beat yourself up and ignore any attitude you get from this moron who almost sent her kid to the ER (that is if he really is that sensitive).

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ShayShay Posted 28 Jul 2007 , 4:39am
post #22 of 35

My son is peanut/nut allergic and I will not let him eat anything that anyone else has baked. Cross contamination is the highest cause of anaphylactic shock. Whenever he went to a birthday party I asked what flavour cake they were having (chocolate/white) and then I baked him a cupcake to take along with him. If you cannot guarantee that your bake ware or utensils are 100% peanut/nut free then you should not bake for this person. They may get upset with you especially if this is new to them but at least the child will be safe. It is not your responsibility to ask, it is the parents responsibility to educate. This theory has worked for me for sixteen years and so far so good. My house is 100% peanut/nut free and I will not bake a cake that contains any kind of nut.

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chaptlps Posted 28 Jul 2007 , 5:02am
post #23 of 35

Hiya tchrmom,
Hun have you looked in the healthfood section of the grocer and see if they have a product called "just whites" It is just that, "just whites" and nothing else. It's powdered like meringue powder without all that other junk in there. I use them all the time instead of meringue powder. It's cheaper, and more convenient.

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tchrmom Posted 28 Jul 2007 , 12:47pm
post #24 of 35

NO, I hadn't tried that. Thanks for the tip, chaptlps. I will definitely look.

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cakesbycathy Posted 28 Jul 2007 , 1:17pm
post #25 of 35

I, too, was really feeling like it was her that should have told me in the beginning, not leaving it up to me to check. Thanks for reassuring me!

I've decided I am adopting Doug's policy (thanks for the idea, BTW!) - Sorry, but I can not cater to any allergies!

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mbelgard Posted 28 Jul 2007 , 1:46pm
post #26 of 35

I'd be way too scared of killing someone to say that my cakes are nut free. My kids like their peanut butter way too much so there's going to be traces of it.

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JRAE33 Posted 28 Jul 2007 , 2:51pm
post #27 of 35

As a mother of three kids with dairy, egg, and nut allergies, I have to say it's absolutely the parents responsiblity to ensure the food they are ordering is safe for their child. I always make sure. It can be hard because people who have not had to deal with these allergies don't always understand how serious it can be. But having had to rush my son (under 1 year of age) to the ER because he could not breath after a reaction to eggs, you better believe I take it serious and check things out!! Bakers/chefs/cooks can't be held responsible for keeping things 100% allergy safe as there are too many allergies out there...for us we sub. dairy with soy but that doesn't work for kids who have soy allergies. Can't expect people to make it allergy free, but to be forthcoming with the products used when asked. Sorry to go on and on...just a topic I'm passionate about for the health of my children. Jodie

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CoreyV Posted 28 Jul 2007 , 3:06pm
post #28 of 35

it is 100% the responsibility of the person with the allergy to inform you.

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lionladydi Posted 28 Jul 2007 , 3:13pm
post #29 of 35

I would say that it was definitely up to the person ordering the cake to inform you of the allergies but I would be thankful that she did finally remember to tell you. Not everyone is perfect and I'm sure she just forgot about it (surely she isn't a moron--after all, she's your friend).

In this day and age where everyone sues at the drop of a hat (let us not forget the hot coffee spill at McDonald's), I think it would be wise to have a "good offense" as Doug stated.

Diane

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keyshia Posted 28 Jul 2007 , 3:13pm
post #30 of 35

IMO as a mother of a son that is allergic to ALL nuts, I do not rely on someone else to worry about my child's allergy. First of all, that is why I learned to make his cakes myself (but I know that's not really feasable for everyone). I don't think that it's something you should ask everyone because in a sense, it seems like that would be opening yourself up for some type of liabilty or something. If there is an allergy concern, the person can tell you, or even ask what you used during the baking process...at which point you can inform them and if you choose to, make it more allergy friendly. There is a lot that goes into allergies, cross contamination etc that I didn't have a CLUE about until my child ended up with it. Simple things like a knife with nut stuff touching the counter needing to completely spray the area to wash it up (not just using a paper towel, needing to WASH utensils in hot SOAPY water etc) HTH. Again it is my own opinion. I trust no one's food around my son...unless it's people that are close and I KNOW they know how to prepare it without the cross contamination etc.

Keyshia

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