Plant-Based, Undeclared Allergens, and Your Right to Claim

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Plant-Based, Undeclared Allergens, and Your Right to Claim

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By Chris Carter, Managing Solicitor  ·  Carter & Carter Solicitors  ·  6 March 2026

Quick Answer: Can I Claim If an Undeclared Allergen Made Me Ill?

Yes. Under the Food Information Regulations 2014, food manufacturers must declare all 14 regulated allergens on product labels — no exceptions, including for plant-based products. If you suffered an allergic reaction after eating a product that failed to declare soya or gluten, you may have a valid compensation claim. A recall notice issued by the Food Standards Agency afterwards actually supports your position.

Typical allergy compensation: £1,500–£45,000+ depending on severity  |  Time limit: 3 years from reaction date  |  No Win No Fee  |  England & Wales

There is an assumption — understandable, and increasingly common — that plant-based food is the safer choice. Fewer animal products. Simpler ingredient lists. If you are managing a soya allergy, coeliac disease, or a wheat intolerance, reaching for a plant-based brand can feel like you are reducing the risk.

A recent FSA recall makes that point plainly.

On 28 January 2026, the Food Standards Agency issued Allergy Alert FSA-AA-11-2026, recalling a plant-based deli-style product (120g) sold by a well-known UK brand after the product was found to contain undeclared soya and wheat (gluten). Multiple use-by dates were affected — from 29 January through to 13 February 2026. The FSA advised anyone with a soya allergy, a wheat or gluten intolerance, or coeliac disease not to eat the product and to return it for a full refund. Source: FSA Allergy Alert FSA-AA-11-2026.

“A product being plant-based doesn’t make it allergen-safe. Soya and gluten are among the 14 legally regulated allergens — their absence from a label is always a legal failure, not an oversight.”

The product was sold through well-known UK supermarkets and online retailers. The recall covered a three-week window of use-by dates, meaning many people will have purchased — and potentially consumed — affected stock before the alert was issued. The FSA advised the brand to contact allergy support organisations so their members were alerted directly.

Does Plant-Based Food Still Have to Declare Allergens?


🔴 What the Recall Found

The FSA confirmed that a plant-based deli-style product (120g) contained soya and wheat (gluten) that were not declared anywhere on the product label.

Both are among the 14 regulated allergens under UK food law. Missing either from the label is a breach of the Food Information Regulations 2014, regardless of the product type.

🔵 The Legal Framework

The Food Information Regulations 2014 require every pre-packed food product to declare all regulated allergens in the ingredients list, clearly emphasised. This applies to plant-based, free-from, and vegan products without exception.

Natasha’s Law (October 2021) strengthened labelling obligations further. Fines for allergen labelling failures are unlimited.

🟢 Can I Claim Compensation?

If you bought this product, ate it, and had an allergic reaction — you may have a valid claim. The recall itself is evidence that a labelling failure occurred. It doesn’t end your right to compensation; it confirms the failure.

You do not need to have been hospitalised. A moderate reaction caused by an undeclared allergen may be sufficient. You have 3 years from the date of the reaction to act.

🟡 What to Do Now

If you ate this product and reacted: Seek medical attention if you haven’t already. Keep your packaging, receipt, and any medical records. Contact us — evidence preserved early is the foundation of a strong claim.

Not sure if your reaction was linked to this product? Speak to us anyway. We’ll assess your situation honestly and at no cost.

If I Reacted Before the Recall Was Announced, Can I Still Claim?

One point is worth being direct about. The recall was issued on 28 January 2026. If you bought and ate this product before that date — which is entirely possible given the use-by dates involved — you had no way of knowing about the undeclared allergens. The failure was in the label, not in your behaviour as a consumer.

The recall notice is not a defence for the company. It is, in fact, confirmation that the labelling was wrong. In our experience, that kind of documented admission from the manufacturer or the FSA significantly strengthens a compensation claim.

It is also worth understanding that a food recall and a personal compensation claim are entirely separate processes. A recall is what the food business does to get the product off shelves. A compensation claim is what you do, through a solicitor, to recover for the harm the labelling failure caused you.

The two run independently. The recall does not replace, cancel, or limit your right to claim.

“In our experience handling allergy claims since 2007, the strongest claims are the ones where someone sought medical attention promptly and kept the packaging. If you did both, speak to us — you may well have a claim worth pursuing.”

The plant-based food market has grown substantially, and with it the number of allergy and intolerance sufferers who buy these products specifically because they believe them to be lower-risk. That instinct is not unreasonable. But legally, plant-based products carry exactly the same allergen labelling obligations as any other food. The law makes no allowances for brand identity, marketing positioning, or good intentions.



Reacted to an Undeclared Allergen?

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CC

Chris Carter — Managing Solicitor

Qualified 1993. Director and Managing Solicitor at Carter & Carter Solicitors, Whaley Bridge, Derbyshire. Specialist in allergy claims, workplace accidents, and accidents in public places since 2007. Every claim handled personally — no hand-offs, no juniors.

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