How will the new allergen guidance affect businesses?

Last week the Food Standards Agency (FSA) unveiled new best practice industry guidance on providing allergen information to consumers with food hypersensitivities. This will undoubtedly have an effect on hospitality businesses, especially coming at a time when so much else is changing in regards to costs. So what is the new guidance, how will businesses cope with the changes and will it be beneficial to consumers?

What are the changes?

The changes are fairly simple but will take some adaptation for businesses. The new guidance states that written allergen information should always be available for non-pre-packed food alongside a conversation between servers and customers about their allergen requirements. This will potentially lead to some restaurants having to make changes to their menu to reflect this.

Some businesses may be worried about having to absorb this new cost alongside the increases announced in the most recent budget around employer National Insurance contributions. The FSA will offer free tools to support businesses with implementation, such as allergy icons, an allergen matrix and a new allergy poster which food businesses can download and use on their own assets (e.g. menus and websites) .

Why now?

The changes come alongside calls for improvements in allergy legislation through the push for Owen’s Law to help improve allergy information for consumers. Owen’s Law comes from the family of Owen Carey, an 18-year-old who died after he ate a chicken burger which he was assured was plain but had actually been marinated in buttermilk, something he was severely allergic to. The new guidance emulates a future Owen’s Law, i.e., providing information on the allergens in the food they offer, in writing, at the point of ordering, without the customer having to ask. Previously, The Food Information Regulations in 2014 allowed allergy information to be given verbally which supported smaller businesses who don’t have the same resources of large food businesses.

According to Chris Hassall, head of safety for Daniel Thwaites: “While this supported smaller caterers, hotels or food traders, we’re now over 10 years on from the Food Information Regulations and there continue to be a notable number of food allergy cases, and as such it makes sense to take the step to enhance further controls.”

How has hospitality reacted?

Trade body UKHospitality has welcomed the new guidance stating that it “aims to strike the right balance”. UKH was engaged with the FSA around the new guidance stating that it highlighted the need for a flexible approach that accounts for the wide variety of operating models across the hospitality sector. UKH is happy that this need was met and supports the introduction of the guidance.

“Allergen management remains one of the biggest priorities for hospitality businesses. As a sector we go to great lengths to ensure our teams are trained and information is available to ensure that every customer with an allergy feels comfortable and safe eating out,”says Kate Nicholls, UKH CEO.

These sentiments were shared by Frankie Douglas, head of regulatory affairs at Nutritics, which has been calling for more robust allergen guidance for a while. “Whilst it’s encouraging to see significant improvements made to food information transparency across the grab and go market there is a profound need for stronger allergen management and communication in OOH establishments.

How will businesses be able to implement this guidance?

While most businesses see this guidance as a good thing, it is now one more thing to consider at a time when running a hospitality business has become increasingly difficult. Eddy Massaad, founder of Swiss Butter, believes that these changes should be fairly simple for businesses with clear processes in place. However, businesses with more frequently changing menus will have to be more diligent around this.

“The key is ensuring that allergen education is not just a compliance measure but a core part of staff training, menu design, and digital accessibility. We’ve successfully integrated this at all our locations globally, evidence that clear allergen communication is definitely achievable at scale.

“The FSA’s guidance reinforces the importance of getting this right, and we hope to see more restaurants taking a proactive approach to allergen safety. It’s a necessary shift that will create a safer and more informed dining culture for everyone,” he explains.

Hassal echoes this viewpoint believing that business must take a holistic approach implementing the new guidance and that strong staff training will ensure that the new guidance is a success.

“This shouldn’t be a tick-box exercise. It’s important to consistently review allergy information to ensure it remains accurate. For example, suppliers might reformulate their recipes or if suppliers change, allergy information will need to be updated.

“Training of staff is likely to be the key element in ensuring that staff can have allergy conversations with guests confidently – not just to meet legal requirements, but to build trust among guests with allergies,” he says.

Will the guidance benefit consumers?

There are two schools of thought when it comes to answering this question. Most people in the hospitality industry believe that the new guidance will make it much clearer for the customer and ensure that no one will have to guess or ask multiple times for accurate allergen information.

Massaad agrees with this viewpoint arguing that standardisation across the industry can only be a good thing. “The more transparent and standardised allergen communication becomes across the industry, the safer and more confident diners will feel when choosing where to eat,” he says.

However, there is a competing viewpoint. Hannah Leese, partner at Roythornes Solicitors, believes that the new guidance could actually undermine the importance of verbal communication between the customer and the business. “It is only during a proper conversation that any risks can be identified and then managed,” she says.

Leese believes that it is better to tell customers with allergies that they cannot cater for them as opposed to telling customers which dishes contain certain allergens and which ones don’t.

“The former ‘we don’t believe we can cater for you’ gives protection to the consumer. The latter ‘here’s our menu showing which dishes don’t contain certain allergens’ does nothing at all to protect consumers. Moreover, the fact that written information is provided arguably instills confidence in a consumer that their allergy requirements will be met.

“In our view providing no written allergy information is best. This would mean that a conversation between the food business and the consumer has to take place. In our view, this is what the law should require. That would ensure that any allergy risk is made known, the risk discussed, and the consumer can then make an informed choice about whether or not to eat the food,” she explains.

Massaad believes that businesses that implement clear allergen guidance will see stronger customer trust and loyalty. According to him, better allergen management reduces operational risk, prevents miscommunication, and ultimately improves the happiness of customers.

A sentiment shared by Douglas : “Operators who put accurate and robust allergen information at guests’ fingertips, ensure they minimise the risk of customers becoming unwell or having a stressful dining experience. By creating a safe and dependable environment where customers feel confident their dietary needs are understood and met, operators build trust, foster loyalty, and drive repeat visits — key factors for long-term success.”