Article- Food service vulnerable to food allergy lawsuits

Started by nonuteen, January 18, 2013, 09:53:02 AM

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nonuteen

http://health.yahoo.net/news/s/ap/food-service-vulnerable-to-food-allergy-lawsuits

Read this article today on Yahoo.  With a daughter only one year away from college with anaphylactic food allergies, I find this interesting.  I am sure many of you are way more up to date on the laws and what if anything this means.



nonuteen

oops- I think I should have posted this in the Articles and News category.  Sorry!

rebekahc

It's fine to post here :)  We can always move it down to News in a few days.  For now, we can leave it in Main for visibility.
TX - USA
DS - peanut, tree nut, milk, eggs, corn, soy, several meds, many environmentals. Finally back on Xolair!
DD - mystery anaphylaxis, shellfish.
DH - banana/avocado, aspirin.  Asthma.
Me - peanut, tree nut, shellfish, banana/avocado/latex,  some meds.

twinturbo

To me it's meaningful that the Dept of Justice involved itself rather than say the US DOE OCR or US DOE OSEP.

OSEP's involvement is saying what education should be doing.

US DOE OCR says hey guys, you're not doing what you're supposed to be doing if you don't figure it out we may cut off the assistance you take from us.

DOJ says do what you're supposed to. Now.

This would be a prime moment for a LTFA advocacy group to take charge of documented disabling LTFA as it is being clearly defined for the truly food allergic as an access issue, highlighting where the food is the so the obstacle appears within a classroom and/curriculum. This was not addressed specifically by the DOJ, and continues to be the sacred cow that has remained unchallenged.

The companion thorn to this issue is that LTFA (or celiac in this case, or EE) needs to be codified within the context of disability access, otherwise the system designed to help those who meet the legal and medical definition of disability who face the constant access issues and danger will be overwhelmed by every dietary whim out there. Anaphalaxis isn't about "I can only organic apples every third Tuesday of every other month."

But the DOJ getting involved is overall very positive validation of the serious and endless access issues food creates for food allergic individuals in education.

GoingNuts

"Speak out against the madness" - David Crosby
N.E. US


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