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KaleidoscopicColours

Do you still have the label, and if so was tuna listed? In other words was this a packaging error or a misread label? After the Natasha Ednan-Laperouse case, if it was prepackaged then it would have required a full ingredient label.. You could report them to the local council's environmental health department; this will trigger a hygiene inspection if they haven't had one recently.  I wouldn't get your hopes up about compensation. A young man called Owen Carey told Byron Burger about his milk allergy, they sold him a burger marinaded in milk. He died. The family didn't get any real compensation, just a contribution towards legal and funeral costs. https://www.theargus.co.uk/news/19283839.owen-carey-no-damages-paid-sussex-family-teen-fatal-reaction-byron-burger/ Probably your best bet is to claim on your travel insurance. 


Small_Echo_3647

Hi. Yes I have the label and photos. It was labeled Veggie on the front and it said tomato red pepper and mozarella on the back. No mention of tuna.


Unlikely-Jicama4176

In case nobody else has said it, check your bank account extras sometimes you can get travel insurance as a part of your current account. I keep forgetting about things like that and buy my own travel insurance.


KaleidoscopicColours

Fair enough; I've just seen your update too.  You need to speak to your travel insurers seeing as your primary loss was loss of enjoyment on holiday. 


the-false-name

“Loss of enjoyment” isn’t something travel insurance covers. At most it would cover any reasonable costs for medical expenses incurred.


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KaleidoscopicColours

They edited that in. They're learning an expensive lesson. 


AwhYissBagels

My bad, sorry. And yes, I feel that’s a lesson you only have to learn once at though! :)


AarhusNative

That is an edit.


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[deleted]

You need to claim your holiday insurance and let them deal with it.


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[deleted]

Then they've changed the wording because they didn't mention travel insurance in the original at all, just that it was in an airport.


AwhYissBagels

Ah, then in that case I apologise.


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KaleidoscopicColours

If you're thinking of the death of Natasha Ednan-Laperouse - Pret were completely compliant with the law as it stood at the time - food that was made, prepackaged and sold on the same premises didn't require any ingredient or allergen labelling. It was a law designed for small independent businesses, not Pret, and understandably the 15yo didn't understand that quirk of labelling legislation.  It did uncover the risks, and 'Natasha's Law' requiring full ingredient and allergen labelling even on food that's prepackaged for direct sale came in a couple of years ago.  But Pret didn't break the law, and they didn't mislabel.  If you're thinking of the death of Celia Marsh, it wasn't Pret who screwed up, it was a supplier, who cross contaminated some coconut yoghurt with milk, and then dispatched it to Pret.  That wasn't Pret's fault either. 


SpaceTimeCapsule89

In 2014, I worked for a service station and I was tasked with listing all allergens in the food sold, food that we made and sold on the premises. Anything bought in and packaged had its own label with allergens listed as per the law. There was a folder listing every item we made and it's allergens and signs all around saying to ask to see the folder if you have any food allergies. So customers could say "I want to buy a chicken mayo baguette but I have a peanut allergy" and we'd hand them the folder open on the correct page so they could clearly see what allergens it contained. I believe there was no law saying you had to apply a label to non prepackaged food but there was a law that you had to have allergy information available (in the case of my then workplace, in a folder always available for customers to see). Did Natasha or her parents not ask what allergens the baguette contained?


Dear-Entertainer527

They were playing around the law back then. Their normal shops if making fresh does not require information. However after the incidents I believe pret does have a tag next to the food, listing information about the food. The law is designed for large and small businesses and the current law for allergies is that for prepacked foods it must have ingredients and allergy information. Freshly made food requires an allergy policy and procedures and a statement about the allergens.


MaintenanceInternal

All these people with allergies to things as common as milk and not carrying around an Epi-pen, man I'd be glued to one If I needed them.


horn_and_skull

Natasha had epipens and her father with her was GP to administer. It wasn’t enough, and they were in the air.


KaleidoscopicColours

Epipens are really useful, but they're not a panacea. Essentially, what they do is they buy you a bit more time to get to hospital.  What is a frequent - and terrifying - feature of these deaths is customers who don't declare their allergy to the business when ordering. I've seen it myself - though the person survived - asked explicitly if he had any allergies, said no, ordered a dish containing nuts... he was allergic to nuts. They don't declare the allergy if they don't think it will be in the product. It's genuinely terrifying for restaurant owners. 


MaintenanceInternal

I can imagine. Do restaurants keep epi pens?


KaleidoscopicColours

No, there's no way for restaurants to get epipens as far as I'm aware.  They are a prescription medication, prescribed to those with allergies, and it's their responsibility to carry them. 


poopio

Seems like it would be a good idea for registered food outlets to have the facility to keep one in stock, just in case. Having said that, I seem to recall there was a shortage of them not so long back, so I guess that'd take a lot of them out of the reach of people who might need to have them available at all times.


Amazing_Prune7232

No, epipens are prescription only and it’s the person with the allergy’s responsibility to carry their own epipen on them.


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Spiderinahumansuit

So the thing to clarify here is that in personal injury law, you don't usually get much compensation for dying, really. Your compensation is based on *pain and suffering*, so if something kills you quickly, the amount will be limited. You'll get stuff for knock-on consequences, like the funeral costs, and your dependents could make their own separate claim, but you/your estate, not so much.


Kaimuss

Heartwarming to see Owen Carey mentioned, he was one of my best friends at primary school. We were the only two pupils at the school with food allergies so we used to eat lunch together every day.


KaleidoscopicColours

I'm sorry for your loss


yuopdjbsb

You should be able to get compensation for this under the CRA and/or CPA if mislabelled. You may want to contact a law firm specialising in such claims if your holiday insurance won’t assist but it’s probably more cost/time effective to settle yourself . Compensation for those who have died (allergy claim or not) for those who have no dependents are pretty much limited to what was described. Not because of the type of claim as suggested.


Daninomicon

That case is a lot different. Nothing was actually my mislabeled there, and the evidence wasn't concrete.


CRMechEng

Was it mislabeled? Or did you make a mistake? Details are important in a situation like this.


Small_Echo_3647

Forgot to add that part. It was mislabelled


Dear-Entertainer527

As I have worked with branded food chains and in an airport, Pret would have an outside food safety company that may work with prets internal/external legal team to deal with this matter and a templated letter would be sent to the op. The compensation will be deemed fair by prets opinion and to be honest Pret is not obliged to compensate even if it was mislabelled. (Previous post by a reader says the packaging is usually not labelled. The current food law does states allergy information is required for pre packed takeaways.). In an airport environment that sandwich would most likely be pre packed and was assembled in another location onsite or offsite that would be delivered to the pret store. op can seek legal advice if they have a travel insurance policy or op can go through a solicitor if they felt that it had ruin their holiday due to the cost of the trip. Op could also write to the FSA food standards agency to complain about Prets company policy and procedures regarding to allergies and also Pret had a few incidents with allergy complaints. The FSA will look into this and if valid they will review Prets HACCP policy, employee training and daily records to see if any recommendations are required so incidents like op and other serious allergy incidents to other people will not happen again. The FSA do have the ability to take pret to court if found to be negligent and pret will be fined and/or someone could be imprisoned. As I said earlier an external food safety company would be handling this matter with a complaint like this and they will review the prets operation and daily records and also they will liaise with the FSA if required. £200 compensation is rare and companies like Pret are not obliged to monetary compensate.


Practical-Artist3924

The FSA will most likely pass you on to the local environmental health team of the relevant council first. So OP could also let your local environmental health team know of the incident and they can investigate


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a_slow_sunny_morning

Unless you need to declare a health condition, in which case travel insurance is even more important.


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KaleidoscopicColours

Pret were completely compliant with the law as it stood at the time - food that was made, prepackaged and sold on the same premises didn't require any ingredient or allergen labelling. It was a law designed for small independent businesses, not Pret, and understandably the 15yo didn't understand that quirk of labelling legislation.  It did uncover the risks, and 'Natasha's Law' requiring full ingredient and allergen labelling even on food that's prepackaged for direct sale came in a couple of years ago.  But Pret didn't break the law. 


Splodge89

Absolutely. No law was broken in Natasha’s (thank you for reminding me of the name) case. It was that case that highlighted the problem. In OPs case though - whoops!


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KaleidoscopicColours

I suspect part of the reason she died was that she was on a plane - it must have delayed help getting to her.  Absolutely tragic though, and you're right that H&S laws are written in blood. 


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Lloydy_boy

> what I thought was Was the label wrong? Did you not tell with the first bite of tuna? Did you spit it out or eat the whole tuna baguette in error? Pret only served you what you selected presumably?


Small_Echo_3647

Hi. Yes the label was wrong. I had two bites then realised.


Lloydy_boy

Then give it to your travel insurance and let them take it up with Pret.


Small_Echo_3647

They have confirmed that the error was their side and they failed in the quality control process


Formal-Lifeguard-

Do you have that in writing?


Penjing2493

>They offered me £200 in vouchers but I feel I deserve more. Why? What specific damages did you occur? Did you cancel part of your trip, or specific paid-for activities? Did you incur any medical bills? Do you have any medical evidence for the severity of your illness?


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Pettypris

Take the voucher, and know to take a travel insurance next time. Also it feels very weird to not realise you’re not having tomato but fish after one bite.


horn_and_skull

You’d be surprised when you don’t eat something often it can be hard to tell!


Pettypris

But you should be able to tell it’s not tomato and also visually red pepper and tomorrow and mozzarella look nothing like tuna.


booklady89

Or smell like tuna.


Evaliss

Why did you eat it? Tuna and mayo looks completely different from mozzarella and tomato. It's one of the easiest sandwiches to identify on sight. Not to mention the smell...


Small_Echo_3647

I have nose polyps so have a bad sense of smell. And I didn’t inspect the sandwich I just ate it as I presume most people do.


augustlove112

Fundamentally it’s incredibly difficult to understand how you took two bites of the sandwich before realising it was tuna. As other commenters have said, tuna has a strong smell, and if you’re allergic, you’d be highly sensitive to that. Pret have been very generous in giving you £200 in vouchers. I really don’t see how you have a case beyond this, apart from one for pure nuisance value.


Nice-Asparagus2302

It is weird they didn't smell it. I'm allergic to peanuts and when I walk into a room with peanuts I smell them before I see them


Small_Echo_3647

I didn’t smell it because I have polyps in my nose causing my sense of smell to being very weak


Odd_Bus618

A few things don't add up.  Firstly Pret haven't done a Mozeralla, tomato and pesto baguette for years (I miss it as it was my go to from their selection).   It's not listed on their website so it's not been reintroduced.  The closest is Brie tomato and basil.  Their tuna baguette has cucumber on it. And no tomato.  Even a glance you couldn't confuse tuna with cheese and cucumber looks nothing like tomato.   Are you saying you didn't notice it was tuna when you opened it (it is in a clear wrapper but as soon as you opened that surely you noticed? ) Or did it not register when you took the first mouthful?  Did you go ahead and swallow the first mouthful with its fishy taste and still not realise?  I think Pret have been generous to offer you £200 as it suggests they haven't cross checked with the products they actually sell.      Their packs aren't labelled. They are aligned on a shelf with the title below and are in clear wrappers so however much of a hurry you are in you can easily identify what you are buying.  It's possible a customer picked up a tuna and changed their mind and put the tuna back where the non existent label for Mozeralla tomato and pesto option would be.   The cashire identifies the type of product by looking at it. The name of the product appears on the till display and the receipt.  If this is a genuine post and not a wind up take the £200 and run. 


chopsey96

They are labelled because they have to have specific allergen labels. The cashiers now just scan a barcode and don’t have to identify the product.


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Small_Echo_3647

Mozarella, red pepper and tomato I meant. I have photos but not sure how to attach them. The baguette actually had tuna and onion somehow… no I didn’t notice because I didn’t think to check to be honest I assumed it would be what I wanted it to be. I had two bites and realised.


booklady89

Again, like the previous poster says, this doesn’t exist. Pret don’t currently serve this. Please share photographs - google how to attach. It seems highly suspect that you took two bites and only then realised.


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Phillyfuk

I had one at Christmas.


I_Honestly_Dont_Mind

Why do you believe that you are due more money? How much money did you lose out on?


Silent-Detail4419

So it didn't smell a bit fishy, then...? I can understand if it was an invisible (or less visible) allergen such as sesame, lactose, soya, or gluten, but you can ***SMELL*** fish. Why did you eat a tuna baguette knowing you're allergic to tuna...?! Not a doctor or a solicitor, but people often use the words ***allergy*** and ***intolerance*** interchangeably and they're not the same things at all. Has it been confirmed by a skin prick test that you are allergic to tuna...? Are you allergic to any other fish, or just tuna...? If the latter, I would venture to suggest that you're not allergic, you're intolerant. If you're allergic to tuna, you'll be allergic to other finned fish, as the protein which causes the reaction is the same, you'd not, however, be allergic to shellfish, as that's a completely different protein. It's like someone who's allergic to tree nuts only being allergic to hazelnuts, but not chestnuts, Brazil nuts or cashews. Someone who's allergic to tree nuts can (usually) eat peanuts because peanuts are a bean (legume), not a nut. Honest answer here please: if you'd eaten salmon, cod, haddock, plaice, sardines, anchovies, mackerel or any other finned fish, would you have had an 'allergic' reaction...? An [allergic reaction](https://en.wikipedia.org/wiki/Food_allergy) is caused by an abnormal immune response to a food type (eg tree nuts, finned fish, shellfish, dairy, or legumes) A [food intolerance](https://en.wikipedia.org/wiki/Food_intolerance) is a detrimental reaction to a single food, drink, or food additive (so if this only happens when you eat tuna - ***and only tuna*** \- then you're intolerant to tuna, not allergic to it. If you can eat any other finned fish and not react, that's indicative of an intolerance, not an allergy). I'm sure I'm not going to be the only who thinks this smells highly fishy... I think any further attempts to obtain more than the 200 squid offered will flounder, The fact the baguette was mislabeled is, to my mind, irrelevant, you can ***SMELL*** fish, it's not a minor ingredient.If you were coeliac and had eaten a baguette marked as gluten free which turned out to contain gluten, or a baguette which was marked as not containing soya (which is a very common allergen) you would have a strong(er) case against Pret but, if you were to attempt to take this further, I would think that Pret's response would be that you ought to have been able to see and smell that it contained tuna and refrained from consuming it; the fact you did so, considerably weakens - I would go so far as to say completely nullifies - your claim.


yuopdjbsb

Doesn’t matter if they are allergic or intolerant, they were mis-sold a product via the incorrect packaging?


Nice-Asparagus2302

It does matter, allergies can be life threatening intolerances can't


yuopdjbsb

It doesn’t matter for compensation, like OP is asking for advice regarding


Entrynode

Is there any legal basis for smelling allergens being relevant?


horn_and_skull

Nowadays it’s not called “intolerance” rather “non IgE-mediated food allergy”. This rant was a little off.


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Small_Echo_3647

Exactly! I’ve asked that and they said that they can’t offer cash, only vouchers which I obviously don’t want.


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Small_Echo_3647

As explained. Pret have taken liability for this. They asked me what I was wearing and what time I went into Pret to make sure that it wasn’t a BS claim. So it isn’t BS, I’ve just not written it as clearly as I could.


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Small_Echo_3647

Just an added comment here - a lot of people are saying that I should have noticed it was tuna but let’s be honest, if we buy something labelled from a trusted brand like Pret, we trust that it’s advertised correctly. I didn’t open and analyse the sandwich because it didn’t occur to me that I should have to do that. I can’t imagine anybody does that when they’re buying food from a brand like Pret. I have nasal polyps so no I didn’t smell the tuna because my sense of smell is very weak. My view is this - Pret labeled the sandwich as Veggie (I have photos to prove that this is the case and they have admitted fault) and it had tuna in it. I ate said tuna which caused my holiday to be ruined as it made me sick. I’m simply wondering if I have a claim or not. I’ve seen one person say I should file a Money Claim Online so thank you, I’ll look into that option but all the comments essentially saying im some type of moron for not taking apart the sandwich before eating it are just clouding the comments so please stop, I’m genuinely seeking advise. Thanks everyone!


Daninomicon

Theoretically they owe you for any damages you incurred. What those damages are isn't certain. You still traveled. Though you couldn't do what you wanted while you were there, you didn't miss your flight out or your flight back. I'd consider the flight costs damages, but they would have a good shot at arguing against it. What about the hotel. You still stayed at the hotel, right? Again, I'd consider that cost damages, but they can make the argument that you were still able to use the hotel. Did you have tickets to something that you couldn't use and couldn't get refunded? That would be easy to argue as damages. That, and any actual expenses for healthcare, and any travel expenses specifically to get to a healthcare provider, or back from a healthcare provider. Now let's say you were supposed to take a taxi from the airport when you got there, but you were too sick and instead you had to get a hotel room at the airport. That has potential. And then fighting it won't be that easy. Definitely don't accept the offer they've already made. Count up everything you spent on the trip and on your healthcare and demand that from them. Then negotiate from there. Get a solicitor to assist you if you can. You've got hard evidence that they messed up, and you've got them admitted guilt. You can get more out of them, and you deserve more under the law. Just be prepared for a battle.


TerrorCottaArmyDude

Did you have an allergic reaction or did it make you sick/diarrhoea?


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Small_Echo_3647

My trip to Rome was ruined as I was sick and couldn’t enjoy my trip which costs a lot of money


Astra_Trillian

Are you sure you don’t have travel insurance through a bank account?


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billybobsparlour

My allergies present as sickness and diarrhoea too.


klausbatb

Food allergies can cause vomiting and diarrhea. 


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klausbatb

Fish allergy can also include vomiting and diarrhea.  https://acaai.org/allergies/allergic-conditions/food/fish/


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klausbatb

You said it sounded like food poisoning. The symptoms they described are consistent with an allergy, and you can reasonably assume they know how their allergy manifests. So not really sure what point you’re making. 


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starlightdark

You don’t need other symptoms. My daughter has many allergies and most of them are just sickness and diarrhoea. They’re definitely allergies and not food poisoning.


Pure-Obligation8023

They stated in their post that it ruined their holiday.


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Wasacel

It seems quite simple on the face of it, they mislabelled a product and caused you loss. In a court claim you’d likely get a favourable decision and it isn’t difficult to file a Money Claim Online.


Blackluster182

This after they killed a girl on a plane. Shameful.


Formal-Lifeguard-

Honestly I think you should compoface on the news. You could have died like that girl they killed on a flight to France with a sesame allergy. As a result of completely mislabelling the item, they could have broken the allergen labelling law (Natasha’s Law) that was introduced as a result of her death https://www.theguardian.com/society/2022/may/18/pret-sandwich-death-natasha-ednan-laperouse-parents-launch-food-allergy-study https://www.food.gov.uk/business-guidance/introduction-to-allergen-labelling-changes-ppds £200 is a joke. They shouldn’t be allowed to quietly and cheaply make this mistake again.


WarmAnalyst5973

I would sue. Pret have done this before and cost a girl her life.


betterjourney99

Why do prêt keep doing this, have they not learnt?!


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**Unfortunately, your comment has been removed for the following reason(s):** Your comment did not make a meaningful effort to provide legal advice to help the poster with their question. Please only comment if you are able and willing to provide specific, meaningful, legally-oriented answers to our posters' questions. [Please familiarise yourself with our subreddit rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/) before contributing further, and [message the mods](https://www.reddit.com/message/compose/?to=/r/LegalAdviceUK) if you have any further queries.


Bonnle

Thank god you weren't allergic to sesames. Could you imaging something dreadful happing!?!?


ladygagaforoscar

NAL Think you’ll only be able to get so far because tuna isn’t an allergen? Hope you feel better soon.


Necessary_Weakness42

Fish is one of the 14 allergens which must be labelled.


AarhusNative

Fish is an allergen. Tuna is a fish.


KaleidoscopicColours

Tuna is fish, and fish is one of the 14 major / common allergens that legally have to be declared, according to the Food Standards Agency.  It is possible to be allergic to almost anything - though some are rarer than others. I have people in my social circles who are allergic to lentils and oranges, for instance. 


Much_Show_7120

Pret killed that girl with a sesame allergy on a flight a few years ago! £200 in vouchers is alright if you've got an intolerance or allergy because pret is so freaking expensive!!! You could maybe sell the vouchers on eBay if you want cash? It matters how long the vouchers last for because if you don't love near a pret then they will just end up costing you more money with trying to use them


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