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Journal of Law and Policy

Abstract

In the modern era, a growing number of children and adults have been diagnosed with deadly food allergies. For the approximately 33 million Americans who have at least one food allergy, restaurants, aside from the home, are the most likely place where deadly reactions could occur. In order to adapt to this expanding and sensitive population, the federal government should pass legislation that protects these citizens from suffering a preventable, untimely death. Luckily, the legislators of the European Union, and specifically Ireland, have already put food labeling legislation in place that serves to protect those with food allergies. This Irish legislation requires restaurants to label all the major food allergens that appear in each menu item so that the restaurant patron is immediately aware of which dishes are safe to consume. This legislation takes the pressure off restaurant workers who may lack sufficient allergy training or who simply make mistakes. The Irish labeling law creates further safeguards against unnecessary allergic reactions in a restaurant setting while ensuring that diners with food allergies have all the information at their fingertips to protect themselves from a potential reaction. Drawing inspiration from the Irish allergy laws, the United States should require all restaurants to label major food allergens on their menus in order to protect the increasing population of those with food allergies.

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