How do I complain?

[itschemical]

Last night my son ordered through Just Eat. He had a burger, milkshake and waffles.

After consuming one sip of the milkshake, his throat started tingling. He then asked me if it had peanuts in? I could see something on top that looked like white chocolate, so I went to the just eat site and checked the allergy list for the milkshake, THERE WASN’T ANY, so I called up the company from where the order came from and alas, there were peanuts all over the top.

My son went into anaphylactic shock and was taken by ambulance to hospital as his heart rate and vomiting couldn’t be controlled.

This is what he ordered (see pic), it is exceptionally poor, dangerous, potentially FATAL conduct on their part. My son is in hospital due to the lack on information on your site from which he ordered.

Who and how do I complain? I am rubbish at this, but I firmly believe something so serious cannot be overlooked.

You can see by the picture that it's covered in nuts.

As I said previously, Daim is almonds, my son isn't allergic to almonds, the picture shows nuts, firstly he wouldn't have taken any notice of the picture, just the description, also, why put peanuts on a drink that is almond? Makes no sense.

I think this will fall through the cracks of responsibility. Just Eat will say they don't prepare the food and advise you to talk to the merchant before you buy.

The merchant has the same milkshake listed on their website with "nuts" as a removable core component, so if he'd ordered from there, he could have removed it.

I do think it's worth calmly mentioning it to both parties, although I expect they'll each blame each other. You may, and hopefully will, succeed in getting the listings updated with the allergens they contain.

Sadly though, as someone whose sister has a moderate peanut allergy, your son is going to have to be a bit more critical about what he's buying. He shouldn't, but he will. He is likely going to be a lot better off to order directly; but if he wants to use services like Just Eat, he needs to at least look up the item on the main website first, or call to enquire about what's actually included.

Contact environmental health, they are the ones that deal with the shop/restaurant that made the drink and will have the powers to deal with them.

On just eat above the check out, it always has the allergy note, that when you click it says to ring the restaurant if you have allergies to check: Do you have a food allergy?If you have a food allergy or intolerance (or someone you're ordering for has), phone the restaurant. Do not order if you cannot get the allergy information you need.

I'm sorry this happened but there is a responsibility on the person with the allergy to check the allergen information before consuming food.

Food delivery companies do state that you need to check with the provider for allergen information.

Your son will hopefully learn from this and check in future.

Why wouldn't he look at the photo of the item he was ordering if he has such a severe allergy?

There are nuts in the photo and JustEat tell you to ring the restaurant if you have any allergies before placing an order.

I'm really not sure you have a leg to stand in here - if the item was listed as free of peanuts or suitable for someone with a nut allergy that would be different - but as it is your son didn't check and just ordered anyway.

But in this situation they've done nothing wrong - their own website lists nuts as a removable ingredient as linked upthread.

OP's son ordered from JustEat who make it clear that you need to check with the restaurant before ordering if you have allergies - and he didn't do that. He also ignored a photo that's clearly a milkshake covered in nuts.

Sorry this happened to your son.

I think you need to establish whether your son unticked the "nuts" option and also whether he flagged his allergy in the comments section as he ought to have done both.

I'm struggling to understand why someone with a severe nut allergy would buy or order ANY food or drink without looking at the full ingredients and/or allergy list.

I have been on various restrictive diets and there are always random unexpected ingredients in foods. You ALWAYS have to check the full ingredients list, not just go off a marketing description which will only include the ingredients they want to highlight.

You complain to the restaurant/takeaway directly and to the Food Standards Agency.

The latter is especially important as this caused serious harm - its not just a customer service complaint.

Found the allergen info on their website and it lists “nuts” as present but “peanuts” as not present…so I think there is definitely cause for complaint here!

I don't think you have any grounds for complaint here.

Probably, but personal responsibility is also a factor here.

as everyone else has said, it shows nuts on the photo.

The restaurant itself I think is the you need to complain about. But you'd need to contact the FSA. Or I guess environmental health through the local council (where the shop is based)
I'm so sorry this happened. All allergens should be displayed in bold, at least somewhere pretty visible next to the product itself. Either online or in person.

If you go on the website of the restaurant the allergen information is listed. JustEat aren’t the provider, they’re a delivery company. They aren’t required to provide information on allergens, and say that allergen information can only be provided by the restaurant you’re ordering from.

Especially as peanuts are not nuts

If he's that badly allergic, he should look at photos of what he's ordering, as well as check ingredients.

Many of the previous posters are wrong in their comments about your son not noticing that it clearly states the listed allergens.

The photo provided does not state that peanuts are an ingredient.

Peanuts are not nuts (they are a legume) meaning they are a different allergen (hence why packets of nuts often say 'may contain peanuts'). They have not listed peanuts as an ingredient or as a potential allergen.

You have very strong grounds to complain and it is important that you do.

I hope your son is OK. X

Chopped nuts in ice creams and desserts is typically chopped peanuts, but if you don't know that you don't know that and it is the suppliers responsibility, in law, to explicitly state all ingredients in food.

https://www.food.gov.uk/business-guidance/allergen-guidance-for-food-businesses#:~:text=Food%20businesses%20need%20to%20tell,as%20allergens%20by%20food%20law.

It's the restaurants' responsibility to provide that information, not JustEats. They're not a supplier as they don't buy food themselves to sell on to the customer - they're just a third party delivery company.

Perhaps this law needs amending then so it is explicitly stated at all parts of the chain of purchase that allergens are included. It's only by people raising complaints things change.

I don't disagree, but as it stands JustEat haven't done anything wrong.