Milk allergy touches the headlines these days with the death of a 13-year-old girl and the recall of several Easter eggs, just as the Ministry of Health censures ‘lactose-free‘ certifications on the labels of food products that-according to logic-should not contain any. Reflections and exhortations to follow.
Milk allergy fatal for 13-year-old girl
Martina Quadrino, 13, was well aware of her milk allergy and prepared for emergencies. He always made sure there was no milk in the foods he took out of the house-as he seems to have done on 4/16/22, his last day of life-and always carried an adrenaline auto-injector with him.
A salami sandwich at a bar in Fondi (LT) killed Martina despite her precautions, the injection of adrenaline at the onset of symptoms, and first aid at the hospital. (1) Undeclared allergen contamination, liability to be ascertained of public operator or manufacturer (2,3).
Public establishments and allergen information
Timely and accurate information regarding the presence of allergens in food sold pre-wrapped or administered in bulk in public establishments is a must, in the terms already defined by dir. 2003/89/EC. Legislative Decree. 231/17, in implementing in Italy reg. EU 1169/11, provided for a penalty of 3,000 to 24,000 euros for its omission, ‘unless the act constitutes an offence‘. (2)
However, the disapplication of this rule is systematic and official controls completely nonexistent (see example in a recently opened cafe-bakery, Fig. 1). And repeated complaints by vulnerable consumer associations-such as Food Allergy Italia and AIC, the Italian Celiac Disease Association, also with the support of this writer (4)-have so far had no effect.
Culture of food safety
Hundreds of thousands of public establishments and processors continue to entrust self-inspection to the mimeographs of unskilled consultants where references to Leg. 155/1997 that implemented Directive 93/43/EC, which was repealed by the Hygiene Package back in 2004. And this is the first cause of fatalities like the one that occurred.
In contrast, the culture of food safety was reaffirmed as an essential requirement of the Hygiene Package in the recent reform of the Hygiene Regulation 1 (EC Reg. 852/04) intervened in Reg. EU 382/21. (5) The flexibility in self-control granted to microenterprises as early as 2016, after all, prioritizes substance-preventing risks-over the form of ‘manuals.’ (6)
From Natasha ‘s Law to Martina’s Law.
The scientific study conducted in Cologne on the management of allergens in restaurants (Loerbroks et al., 2019) showed the widespread ignorance of the serious dangers associated with them and the inadequacy of public controls related to this. (7) And Professor Claudio Ortolani, a leading expert on food allergies, urged the Ministry of Health to adopt special ministerial guidelines, involving the academy and allergy patient associations. (8) To date in vain.
In England, it was the death of a girl with food allergies-following the consumption of a baguette contaminated with undeclared allergens in 2016-that spurred a reform named after her. (9) Natasha’s law in force today aspires precisely to prevent other injuries and manslaughter due to negligence, recklessness and inexperience in allergen handling by operators in the food service and distribution sectors. And that is what we now demand in Italy as well, Martina’s Law.
‘Lactose-free vegan‘ Easter eggs contaminated with milk
Five anaphylactic reactions of children with milk allergy were associated with the consumption of‘lactose-free vegan‘ Easter eggs produced by GMF Oliviero F.lli Srl, distributed in Todi’s supermarkets and elsewhere, including through Amazon and other online sales channels:
– the Nucleo Anti-Sofisticazioni (NAS) of the Carabinieri confirmed the milk contamination reported by Cibo Amico Allergie alimentari ed anafilassi and the Associazione Italiana Latto-Intolleranti Aps (AILI), ascertaining on 14.4.22 that four production batches were unsafe.
– the Ministry of Health however, on the page of the website of the dedicated to recalls of food products at risk, four days later does not communicate the existence of this risk, which is very serious for people with milk allergy.
Ministry of Health censures ‘lactose-free‘ logo
The Ministry of Health has been challenging, for several weeks now, the placement of the pictogram Ellefree –Lactose Free– on the labels of food products that do not contain dairy ingredients notified for inclusion in the National Gluten-Free Food Registry (RNA).
The general approach of not allowing optional claims that attribute to a food characteristics peculiar to their category is undoubtedly consistent with reg. EU 1169/11 (art. 7.1.c). However, the legitimacy of censuring a trademark that is granted as a result of special product certification on a field that moreover lacks special regulations is questioned. (10)
Interim conclusions
Allergen risk management in Italy today is very bad. Both by operators and by regulators who persist in not recalling or even sanctioning ‘precautionary’ claims that are totally unsuitable for providing allergic consumers with appropriate information. From the ‘single ingredient signs‘ of ice cream parlors where they read the possible presence of shellfish and crustaceans to the myriad of labels that still refer to ‘traces‘ of ‘nuts‘ or ‘grains containing gluten.’ (11)
It is incumbent That the Ministry of Health now take responsibility for adopting precise instructions to the Regional and Autonomous Province Departments, so that the ASLs on each Italian territory carry out sweeping checks, applying sanctions and not just warnings to all operators who violate the rules on prevention, communication and management of the risk of food contamination with allergens.
#NowEnough!
Dario Dongo
Notes
(1) Girl died after eating a sandwich, autopsy shows enlargement at glottis due to probable allergic reaction. Latina 24 hrs. 17.4.22,
https://www.latina24ore.it/latina/167349/martina-quadrino-ragazza-morta-panino-fondi/
(2) Dario Dongo. Bulk and prewrapped foods, collectivities. GIFT(Great Italian Food Trade). 3/19/18, https://www.greatitalianfoodtrade.it/etichette/alimenti-sfusi-e-preincarti-collettività
(3) Giulia Torre, Dario Dongo. Food safety, ABC operator responsibilities. GIFT(Great Italian Food Trade). 6.4.18, https://www.greatitalianfoodtrade.it/salute/sicurezza-alimentare-abc-responsabilità-operatori
(4) Dario Dongo, Marcia Podesta. Allergens, widespread survey with the #DetectiveFood project. GIFT(Great Italian Food Trade). 4/16/19, https://www.greatitalianfoodtrade.it/consum-attori/allergeni-indagine-diffusa-con-il-progetto-detectivefood
(5) Dario Dongo. Reg. EU 2021/382. Allergen management, safety culture, food redistribution. FT (Food Times). 9.3.21, https://www.greatitalianfoodtrade.it/sicurezza/reg-ue-2081-382-cultura-della-sicurezza-redistribuzione-alimenti-gestione-allergeni/
(6) Dario Dongo. Hygiene in restaurants, the ABCs. FT (Food Times). 12/27/17, https://www.greatitalianfoodtrade.it/idee/igiene-nei-ristoranti-l-abc
(7) Dario Dongo. Allergies in restaurants, danger guaranteed. German study. FT (Food Times). 5/26/19, https://www.greatitalianfoodtrade.it/sicurezza/allergie-al-ristorante-pericolo-garantito-studio-tedesco
(8) Dario Dongo. Allergies and restaurants. Prof. Claudio Ortolani has the floor. FT (Food Times). 5/29/19, https://www.greatitalianfoodtrade.it/idee/allergie-e-ristoranti-la-parola-al-prof-claudio-ortolani
(9) Dario Dongo, Marina De Nobili. Allergens on prewrapped foods, more guarantees with Natasha’s law in the UK. GIFT(Great Italian Food Trade). 2.7.19, https://www.greatitalianfoodtrade.it/sicurezza/allergeni-sui-cibi-preincartati-più-garanzie-con-la-natasha-s-law-in-uk
(10) Dario Dongo. Lactose-free, ABC. FT (Food Times). 11/19/18, https://www.greatitalianfoodtrade.it/etichette/senza-lattosio-abc
(11) Dario Dongo. May contain allergens, ABC. GIFT(Great Italian Food Trade). 6/24/18, https://www.greatitalianfoodtrade.it/salute/può-contenere-allergeni-abc
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
