Hi all. Last weekend I delivered a cake for my niece's birthday party. There was one little girl who's mother was with her but the other girls were there alone. The little girl who's mother was with her is allergic to nuts, so she was able to ask me when I got there if there was any almond extract in the cake/frosting. I said yes, always use almond extract unlessd otherwise instructed not to. I got to thinking on the 350 mile ride home, hmmm. Would I be liable if someone ate one of my cakes that was allergic to some ingredient I used and had a reaction? It was a long ride home and I started wondering if I should put a disclaimer on my website or in some other form about the ingredients I use. Has anyone run into this issue? What have you all done to prevent any liability?
Thank you!
Well, I don't know if this will help any, but this is what I include in my contract:
"Unless I am otherwise notified, products may contain milk, wheat, nuts and other allergens. I am not responsible for any allergic reactions."
I think that if people don't let you know that they have these allergies, you shouldn't be able to be held responsible if they have any reactions. If they don't specifically tell you, then you have absolutely no way of knowing.
As a mother of kids with dairy, egg, and peanut allergies, I can't understand why someone with a food allergy would eat something if they don't know the ingredients?! Sounds pretty unresponsible to me. However, I don't think it would hurt to label items containing foods that are common allergens...dairy, eggs, wheat, peanuts, soy...so there are no questions. It makes my life easier as a parent to allergic kids if the ingredients are listed somewhere. Just my thoughts...Jodie
All my boxes going out the door with the following labels:
1) Red/Black frosting warning if it has any frosting with either color
Please Note: Colored frosting eaten in large quantities may discolor your urine or feces and match the color of frosting eaten. This is especially the case with red and black frostings.
2) Cake mix ingredients
This cake made with "box mix brand", eggs, vegetable oil, butter, crisco, water etc.
3) Frosting/Decorations ingredients
Frosting is made with powdered sugar, crisco, water or milk, merangue powder, clear vanilla extract.
If it's a fondant cake I have a label for that too. I will state exactly what I used to adhere it with too. Vodka seems harmless until you meet someone who is allergic to the alchol in it.
It's extra work but appereciated by anyone who has food allergies ( I do that's why I list everything so extensively). I may not always be there for them to ask & I'd hate for a kid at a birthday skip the best part of the party (cake) because they had to play better safe than sorry by not knowing what was in it.
Well, I spoke with my best friend who is a lawyer and she said, if you state it and/or put it in your contract, then you have really done what you can. The liability then goes to the person who purchased the cake or is hosting the event. She said, for example, at a wedding, you can't be there to stand at the door when people come in to say this cake has XYZ in it, don't eat it if you have allergies. She also said that people with the allergies and kids who have allergies also have to be responsible enough to ask questions about the ingredients.
I always tell someone that nuts or almond extract were used, but I never thought about the coloring, dairy, gluten, etc. I would hate to get sued over a cake but I would feel even worse if someone got sick from one of my cakes. This topic is definately food for thought. 
I have added an ingredient label with each cake that goes out of my shop. I also have a posted sign in my entry way so the customer can read the NOTICE about allergies. I do have a customer who's daughter can't have eggs and I always substitute eggs with a banana or applesauce. The County Health Dept., here told me that as long as I have it posted and on my cake labels....then it's up to the responsibility of the consumer to check for their allergies. It is something though we have to make sure and post if you have a business these days.
This is what I have it in my contract:
"Our products may contain or come in contact with milk, wheat, nuts or other allergens. It is the responsibility of the client to inform his/her guests of this fact. Cakes by Cathy is not responsible for any allergic reactions.
I had an issue with a friend who ordered a cake but neglected to mention her son had peanut allergies and I had to rebake 6 cakes. It is the client's responsibilty to mention allergies. It is not your responsiblity to ask if there are any allergies.
I am so glad I asked! Thank you all for your responses. I am kinda freaking out b/c since I started the post I have also talked to some people at my job that work in food service. I am definitely going to put a disclaimer on my website, and ingredient disclaimer on all my cake boxes! I don't have allergies so I don't always think of these things. I went to lunch today and I noticed a disclaimer at the on-campus place where we eat that said 'we are now serving peanut butter and jelly sandwiches. Please be advised cross-contamination with peanuts or a derivative could happen. If you have nut allergies we suggest you eat at another provider on campus!" WOW How ironic.
It is the client's responsibilty to mention allergies. It is not your responsiblity to ask if there are any allergies.
True but it is a courtesy for me to ask if there are any known allergies for those receiving or consuming the cake.
It's that extra step I do that no one else in my area does from what I've been told. Word is getting out that I will do egg/dairy/nut free cakes and mom's can't call me fast enough.
As a mother of a peanut- allergic child, I appreciate all information anyone can give me regarding ingredients. Withe that said, I would ABSOLUTELY tell anyone associated with my child's food about the allergy. It is certainly the customer's job to ask-- not your job to tell. Again, the more information you can give someone about your ingredients, the better, and they will be very appreciative.
However, I generally do not allow my son to eat things baked in others' kitchens due to the potential for cross-contamination. (This is why I started cake decorating as a hobby.) We bring cupcakes to birthday parties so he can eat those when cake is served. I hate it for him, but it is all I feel comfortable with for now.
Carolyngwen, that's great that you are able to accommodate at least some food allergies. I bet it will help your business. How are you able to really avoid cross-contamination? Is it just because you have food allergies yourself and are used to being careful about that sort of thing?
I'm just wondering (and please don't YELL at me!!!) if the imitation almond extract really sets off a peanut allergy...or only "pure" almond extract...and while I'm asking, if they have a peanut allergy, are they actually allergic to almond anyway?? Thank you for explaining in advance...I don't want to give anyone something lethal!!!!
That's a good point, mgdqueen.
There are imitation extracts for even more flavors than there are for natural flavors, not to mention the Lorann flavor oils, which are mostly imitation.
Does anyone know whether imitation extracts and flavorings cause the same reactions that natural extracts do?
Theresa 
I don't know for sure about the imitations. It probably would depend on whether it's made WITH any of the actual food.
As for cross- reactivity, those with peanut allergies are not necessarily allergic to other nuts. (My son is not-- we had him tested for the common tree nuts.) Even tree nut allergies are nut-specific (i.e. You can be allergic to pecan, but fine with almond.) That being said, most people with any of the tree nut allergies avoid all tree nuts because most are processed on lines/shared equipment with other kinds of tree nuts. And most allergists recommend that peanut-allergic people also avoid tree nuts because they are often processed on shared equipment with peanuts. (The other reason on that one for a young child is this: How do you teach a 2-year-old the difference between a peanut and an almond, etc?)
The food allergy/anaphylaxis network (FAAN) has lots of information and recipes on it too. Just google FAAN and you'll get their website.
Hope this helps.
Peanuts are NOT nuts...they're legumes. So, someone can be very allergic to nuts and still eat peanuts with no problems and vice versa. Tree nuts cause the most typical nut allergies.
As someone with life threatening food allergies (shellfish, Brazil nuts) I would have to say that NO ONE with known food allergies would risk eating anything at a party unless they knew who made it and what was in it. Food allergies don't make you sneeze. An allergic reaction can cause hives, swelling, difficulty breathing and a sharp drop in blood pressure. If you have an allergy and have a mild reaction once, the next one can be life threatening within minutes. If I'm somewhere to eat, it's my responsibility not to put anything in my mouth unless I know exactly what it is. It's not worth dying to eat a piece of cake (as hard as that is to believe)
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