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What is Owen’s Law and how will it affect nut allergy compensation claims?

That’s about to change.

Owen’s Law – proposed legislation that would make written allergen information mandatory for all restaurants, cafes, and takeaways in England – has government backing and is working its way through Parliament. If passed, it will fundamentally change how food businesses handle allergies. And it will make proving negligence in nut allergy compensation claims considerably easier.

Here’s what you need to know.

What Is Owen’s Law?

Owen’s Law is proposed food safety legislation named after Owen Carey, a teenager who died in 2017 after eating a chicken burger at a Byron restaurant. The burger contained buttermilk. Owen had a severe dairy allergy. The menu didn’t list buttermilk as an ingredient.

The inquest into Owen’s death found the restaurant’s allergen information was “inadequate.” His family launched a campaign to change the law. In December 2023, the Food Standards Agency (FSA) formally recommended the government introduce mandatory written allergen labelling for all freshly prepared food.

The core proposal: Restaurants, cafes, takeaways, and similar food businesses would be legally required to provide full ingredient lists showing all 14 major allergens – including nuts – in writing, either on menus, menu boards, or clearly displayed information.

No more “just ask a member of staff.” Written information, every time.

Why Current Law Isn’t Enough

Under existing Food Information Regulations 2014, restaurants only need to tell customers that allergen information is available and where to find it. Typically, this means asking staff verbally.

The problems with this system are well-documented:

Staff turnover. High churn means inexperienced servers handling life-or-death questions. We’ve handled claims where agency staff working their first shift gave incorrect allergen information.

Language barriers. In busy kitchens with multilingual staff, critical information gets lost in translation. “No nuts” becomes “no peanuts” but cashews slip through.

Kitchen changes. Chefs substitute ingredients. Suppliers change recipes. Menus don’t reflect what’s actually being served. Staff don’t always know.

Memory failures. A waiter takes your order, walks to the kitchen, takes three more orders, forgets to check about nuts. It happens. We see it repeatedly in claims where restaurants and coffee shops served nuts despite warnings.

Owen’s Law would remove the human error element. Written information means you can verify before eating. If it’s wrong, there’s documented evidence of what you were told.

What Owen’s Law Would Require

Ireland introduced similar mandatory written allergen legislation for restaurants in December 2014, demonstrating that implementing such requirements across an entire food service sector is practically achievable.

How Owen’s Law Differs From Natasha’s Law

If you’ve heard of Natasha’s Law, you might be wondering how Owen’s Law differs.

Together, the two laws would create comprehensive written allergen information across the entire food service sector.

When Will Owen’s Law Become Law?

Here’s what we know – and what we don’t.

We’re tracking it closely. When it passes, we’ll update this page.

What Owen’s Law Means for Nut Allergy Claims

This is where it gets interesting for anyone who’s suffered an allergic reaction at a restaurant.

We’ve been handling nut allergy compensation claims since 2007. We’ve seen how Natasha’s Law changed prepacked food claims – they became more straightforward to prove.

Owen’s Law will do the same for restaurant claims.

What Restaurants Should Do Now (Before Owen’s Law)

Smart food businesses won’t wait for legislation. They’ll implement these practices now.

Businesses that implement Owen’s Law standards now will be ahead when legislation passes. They’ll also face fewer claims, because better systems prevent reactions.

The Bigger Picture: Why This Matters

Owen Carey was 18. He had his whole life ahead of him. He told staff about his allergies. He ate what he was told was safe. He died.

Natasha Ednan-Laperouse was 15. Same story. Told it was safe. Died on a flight to France.

These aren’t abstract legal cases. These are preventable deaths. Written allergen information is simple. It costs almost nothing to implement. It saves lives.

From a legal perspective, Owen’s Law represents a recognition that verbal systems have failed. They fail because humans make mistakes. Busy restaurants, inexperienced staff, language barriers, memory lapses – all create opportunities for fatal errors. Written information removes that uncertainty.

We handle these claims because businesses failed to protect people with known, declared allergies. Owen’s Law will reduce how often that happens. That’s good for everyone – except perhaps lawyers, but we’ll cope.

How We’re Preparing for Owen’s Law

At Carter and Carter, we’re watching Owen’s Law closely. When it passes, it will change how we approach evidence gathering in restaurant allergy claims.

We’re already advising clients to photograph menus when they eat out. Take a photo of the allergen information. Take a photo of what you actually ate. If something goes wrong, you have immediate evidence. That advice becomes even more critical once written information is legally mandatory.

We’re tracking the legislation’s progress through Parliament. When the Bill is published, we’ll analyse exactly what it requires and how it affects claims. We’ll update our guidance accordingly.

And we’ll continue doing what we’ve done since 2007: holding negligent businesses accountable when they harm people with allergies.

Owen’s Law: Summary

Let’s bring it together:

What it is: Proposed law requiring restaurants to provide written allergen information, ask proactively about allergies, and train staff properly.

Why it matters: Closes the gap left by Natasha’s Law, which only covers prepacked food. Owen’s Law would cover freshly prepared restaurant meals.

When: Unclear. Government is “considering” it. Realistic timeline: 2027-2028 at earliest.

Impact on claims: Makes proving negligence easier through documentary evidence and clear statutory duties.

What to do now: If you run a restaurant, implement these standards voluntarily. If you have allergies, photograph menus and food. If you’ve suffered a reaction, claim now under current law – you don’t need to wait for Owen’s Law.

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