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Allergic reaction to airline food

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Angel_325

Junior Member
Thanks everyone for your responses. As some of you guessed, the flight was international. In this case from New Zealand to Australia. I provided the information about being allergic to "spices" to both the airline in writing and with a phone call. I also notified the flight crew. I was provided the bread and told it's simple bread, but the bread was not regular bread. It tasted like curry, which does as we all know have spices. I am allergic to almost any spice you can think of, that is why I generally say do not put ANY spice on anything. I even mention black pepper as some people don't think of black pepper as a spice for some reason. The airline verified they had this information, yet no one seemed concerned about the fact that they gave me bread with spices. I have flows many times to many different destinations and I have never had a reaction to bread, if it's simple white or wheat bread, which is what they should have given me, not some sort of curry bread. As soon as I realized what was in the bread, I stopped consuming it. My reaction was more than discomfort. I was actually chocking. Unfortunately, an epi-pen in my case does not work so seeking medical attention would have been useless. I was very ill during the flight, but it is true that this eventually went away. I am saddened to hear that the airline bears no responsibility for not checking food. In the case of a peanut allergy they would be responsible, I think.
 


quincy

Senior Member
Thanks everyone for your responses. As some of you guessed, the flight was international. In this case from New Zealand to Australia. I provided the information about being allergic to "spices" to both the airline in writing and with a phone call. I also notified the flight crew. I was provided the bread and told it's simple bread, but the bread was not regular bread. It tasted like curry, which does as we all know have spices. I am allergic to almost any spice you can think of, that is why I generally say do not put ANY spice on anything. I even mention black pepper as some people don't think of black pepper as a spice for some reason. The airline verified they had this information, yet no one seemed concerned about the fact that they gave me bread with spices. I have flows many times to many different destinations and I have never had a reaction to bread, if it's simple white or wheat bread, which is what they should have given me, not some sort of curry bread. As soon as I realized what was in the bread, I stopped consuming it. My reaction was more than discomfort. I was actually chocking. Unfortunately, an epi-pen in my case does not work so seeking medical attention would have been useless. I was very ill during the flight, but it is true that this eventually went away. I am saddened to hear that the airline bears no responsibility for not checking food. In the case of a peanut allergy they would be responsible, I think.
In the U.S., the FDA requires that labels include any peanut ingredient. Saying a product has "spices" is enough to satisfy the spice regulation.

There is an effort underway to require labels to say if "sesame" is an ingredient. Although all spice allergies are rare, an allergy to sesame is the most common spice allergy.

You should carry more than one Epi-Pen so you don't run into the problem of having one that doesn't work again.

And to be safe, pack your own food.
 

Taxing Matters

Overtaxed Member
Thanks everyone for your responses. As some of you guessed, the flight was international. In this case from New Zealand to Australia.
Then under the international conventions that govern air travel, it is going to be either New Zealand or Australian law that will apply to your situation, not U.S. law. While the law of all three countries originates from the law of the U.K., they have developed differences over the centuries so it is possible that the outcome would be different than under U.S. law. I don't think anyone here is familiar enough with the laws of either New Zealand or Australia to be able to give you much info on that.
 

quincy

Senior Member
The Australia New Zealand Food Standards Code, as a note, also does not require spices to be listed separately as ingredients on a label. "Flavoring" or "spices" is enough.
 
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Angel_325

Junior Member
Sorry if I am not making myself clear. I am allergic to almost ALL spices, not a particular spice. That is why anything that has the word spice or something to that extend, I avoid at all costs. Also, as mentioned, epi-pens DO NOT work on me. This type of reaction cannot be treated by an epi-pen according to the doctors. It is a VERY rate condition. I do carry my own food, but I was also never served bread with spices before so I never had an issue eating bread on any other flight.
 

PayrollHRGuy

Senior Member
Sorry if I am not making myself clear. I am allergic to almost ALL spices, not a particular spice. That is why anything that has the word spice or something to that extend, I avoid at all costs. Also, as mentioned, epi-pens DO NOT work on me. This type of reaction cannot be treated by an epi-pen according to the doctors. It is a VERY rate condition. I do carry my own food, but I was also never served bread with spices before so I never had an issue eating bread on any other flight.
Much like an Epi-Pen can't help you, your case can't be handled by US courts and this site is limited to US law.
 

HighwayMan

Super Secret Senior Member
I wouldn't know what's considered a "spice" or some other ingredient. I'm sure there are other people as ignorant as I am about it so just saying you're allergic to "spices" would be insufficient to ensure safety. As quincy said, your best bet is to bring your own food.
 

quincy

Senior Member
Sorry if I am not making myself clear. I am allergic to almost ALL spices, not a particular spice. That is why anything that has the word spice or something to that extend, I avoid at all costs. Also, as mentioned, epi-pens DO NOT work on me. This type of reaction cannot be treated by an epi-pen according to the doctors. It is a VERY rate condition. I do carry my own food, but I was also never served bread with spices before so I never had an issue eating bread on any other flight.
I thought you just had one Epi-Pen that didn't work, not that Epi-Pens in general don't work for you. Sorry I misunderstood.

What you say is interesting. Immune systems respond to allergens by releasing histamine. Allergy symptoms (the hives, wheezing, etc) are caused by this histamine. Epinephrine is the way to combat the reaction. If EpiPens don't work, Adrenaclick is a possible alternative for you? Or you might be confusing a food intolerance for a food allergy? Food intolerances do not involve the immune system which is why EpiPens don't work?

At any rate, because you recovered quickly after consuming the bread and no medical care was required, even though you said the flight attendant noticed your discomfort and offered help, I do not see that you have any legal action to pursue.

Because the laws in the US are different from the laws in Australia and New Zealand, however, you could contact a lawyer in Australia/New Zealand to better see if you have legal options based on the laws there.

You live in the US, correct? Here is a link to attorney resources provided by the US Embassy in Australia:
https://au.usembassy.gov/u-s-citizen-services/attorneys/
Having a rare allergy means you have to be extra-vigilant, especially when traveling. I would go back to your allergist for another evaluation and to come up with a "travel plan" so you don't have something similar happen to you again.
 

xylene

Senior Member
Personally, on short and even very long flights a not unreasonable plan depending on health is to simply not eat anything, especially if food sometimes makes you feel bad. I typically refrain from eating food and drinking only very little on longer flights because while on short flights holding 'it' is the norm, but even on longer flights I would rather not have to use the bathroom at all, and certainly not to defecate.

I'm sorry you had this ordeal and I'm glad you are feeling better.
 

Zigner

Senior Member, Non-Attorney
Personally, on short and even very long flights a not unreasonable plan depending on health is to simply not eat anything, especially if food sometimes makes you feel bad. I typically refrain from eating food and drinking only very little on longer flights because while on short flights holding 'it' is the norm, but even on longer flights I would rather not have to use the bathroom at all, and certainly not to defecate.

I'm sorry you had this ordeal and I'm glad you are feeling better.
While good advice in a general way, in this case the OP had breathing problems.
 

quincy

Senior Member
While good advice in a general way, in this case the OP had breathing problems.
If a food allergy, epinephrine would have eased the breathing.

Because Angel_325 has a rare condition, Angel might want to wear a medical alert bracelet. She can discuss with her allergist what the best emergency treatment is for this if epinephrine is not effective.
 

justalayman

Senior Member
Of course none of this applies to either Australian or New Zealand law and since this is not a medical board, why anybody sees this an appropriate topic to address on this forum puzzles me.
 

quincy

Senior Member
Of course none of this applies to either Australian or New Zealand law and since this is not a medical board, why anybody sees this an appropriate topic to address on this forum puzzles me.
Perhaps because it is an interesting topic and involves someone living in the U.S.?

Someone being served a food product after advising a server of an allergy often can be a good basis for a lawsuit. It doesn't appear that the facts as expressed here can support a suit, though.
 
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