A Florida family is suing Whole Foods Market after their son suffered an anaphylactic reaction to pizza that was supposed to be dairy-free.
The lawsuit says that, despite staff assurances the pizza would be safe for a severe dairy allergy, the supermarket prepared it as only half dairy-free. The complaint says the family was later told the other half of the pizza contained dairy ingredients.
In May 2022, the boy’s mom, Lucy Lopes, ordered a dairy-free pizza from the Whole Foods in Clearwater. The lawsuit says she explained the allergy and the need to ensure the pizza was made free of dairy ingredients. Lopes also stressed that no dairy products could come in contact with the pizza, or surfaces where it was prepared, according to the complaint.
When Lopes picked up her order, the lawsuit says a Whole Foods staff member confirmed the pizza was “safe for her son’s consumption given his severe allergen sensitivity.”
But her son, Darius Zahrai, suffered an anaphylactic reaction after eating three bites of his pizza at home, the lawsuit says. His mom administered his epinephrine auto-injector. He was taken by ambulance to a local hospital, where he required additional medication and an overnight stay, says the complaint.
When Lopes called Whole Foods about her son’s reaction to the pizza, she says she did not receive a confirmation that it was dairy-free. Instead, “shockingly, the Whole Foods staff member … stated that the pizza was prepared ‘half dairy-free’ and ‘half dairy,’” the complaint states.
“There was nothing separating the dairy free and the dairy side of the pizza,” according to the lawsuit.
Whole Foods declined Allergic Living’s request for comment, as they do not comment on pending litigation, according to a spokesperson.
Whole Foods Negligence Claim
Lopes had ordered dairy-free food from Whole Foods in the past that was safe for their son’s allergies. But after his anaphylactic reaction to pizza he thought was dairy-free, the lawsuit alleges he has grown fearful of eating, especially at restaurants.
“He distrusts assurances he receives from restaurant staff that prepared food is safe for his consumption,” the complaint states.
Darius’s parents, Lopes and Ali Zahrai, filed the complaint on November 22, 2024 against Whole Foods Market Group, Inc. in Pinellas County, Florida. The lawsuit alleges negligence in the pizza incident that resulted in their son’s severe anaphylactic reaction. The parents are seeking more than $50,000 in damages, including medical expenses, and a jury trial.
The complaint claims that Whole Foods is negligent because it failed in its duty to safely prepare food for a customer with a known food allergy. The lawsuit was filed by the family’s attorneys William Franchi of Franchi Law in Tampa, Florida, and John Giardino of Pryor Cashman in New York.
Pizza Lawsuit and Allergy Training
Betsy Craig, founder and CEO of MenuTrinfo, points to the need for more attention to food allergy training as the role of grocery stores has evolved. Supermarkets now feature custom-made, grab-and-go and dine-in options.
“As a result, accidents can happen on all new levels through this evolution,” Craig says.
Through MenuTrinfo, a leading company in allergy training and certification, Craig has reviewed several incidents. “It is horrific when this sort of event happens for the guest, but also devastated is the one who served,” she notes.
Ensuring food-allergic customers’ safety includes double-checking the accuracy of completed orders in addition to verifying their needs, she says. Training, clarification on specific ingredients and dining needs must be taken into account, Craig says.
Retailers have just begun to include food service training for food allergies with MenuTrinfo’s AllerTrain program, she says.
“I firmly believe in training and repetition – no matter if they serve table side, over a counter or through a delivery system,” Craig says.
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