By David Healey, Senior Solicitor  |  March 2026  |  Allergy Claims

When a Trading Standards officer walked into a Thai restaurant in Wantage and declared a soya allergy before ordering, they weren’t looking for trouble. They were doing what thousands of allergy sufferers do every week — trusting a food business to take their declaration seriously.

What the laboratory found in the food they were served is the part that should make every allergy sufferer stop and read carefully.

What is an allergen test purchase — and how does it actually work?

Trading Standards teams carry out routine allergen checks on food businesses. An officer visits the premises undercover — as a regular customer — declares one or more food allergies, and orders dishes that should be safe based on that declaration. The food is then sent to an accredited laboratory for analysis.

This is how the Wantage case began. In November 2024, an officer declared soya and sesame allergies and ordered a vegetable pad thai and spring rolls. The dishes were purchased, sealed, and sent for testing.

When the results came back, investigators found 618mg of soy protein across the combined sample. The recognised safe limit for soya is 10mg. That is 61 times the level at which the food can be considered safe for a person with a soya allergy.

Officers then visited the premises in May 2025 to examine how allergen information was being managed. They found that ingredients used in multiple dishes — including the spring rolls that had been labelled as containing soya, sesame and wheat — were missing entirely from the restaurant’s allergen matrix and had not been disclosed to customers at the point of ordering.

What happened in court — and what did the prosecution find?

The case was brought by Oxfordshire County Council’s Trading Standards team, as reported by Oxfordshire County Council. At a hearing on 6 March 2026, the restaurant director pleaded guilty to selling food that did not meet purchasers’ requirements under Section 14 of the Food Safety Act 1990.

The director received a 12-month conditional discharge and a victim surcharge. The company was fined £1,000 and ordered to pay £1,505 in council costs plus a further victim surcharge — a total of just under £3,000. The restaurant has since revised its allergen matrix.

What does this case mean if you’ve had an allergic reaction in a restaurant?

The Wantage test purchase is significant because it shows exactly how allergen failures occur in practice. The restaurant had an allergen matrix — a document listing which allergens are present in which dishes. But it was incomplete. Ingredients used in actual dishes weren’t on it. Customers who asked about allergens were receiving inaccurate information, whether they realised it or not.

If a customer with a soya allergy had ordered that vegetable pad thai and suffered an allergic reaction, the criminal prosecution brought by Trading Standards would be entirely separate from their right to claim compensation. The two processes run independently. You do not need to wait for a prosecution — or for one to happen at all — before making a claim.

What should you do if you’ve suffered an allergic reaction after declaring your allergy?

The steps you take in the hours and days after a reaction directly affect how strong your claim will be. Evidence fades quickly. Witnesses move on. Businesses update their menus and allergen records.

The most important thing you can do is get medical attention and make sure it’s documented. A medical record created at the time of the reaction is among the strongest pieces of evidence available in an allergy claim.

How much compensation could an allergic reaction in a restaurant be worth?

Compensation in allergy claims is assessed individually. It depends on the severity of the reaction, any medical treatment required, the psychological impact — including anxiety about eating out in future — and any time off work or other financial losses.

You don’t need to have been hospitalised to have a valid claim. Mild to moderate reactions with documented symptoms and a clear allergen failure can still attract meaningful compensation. For straightforward allergy claims, settlement typically takes two to six months. We’ll give you an honest view of what your specific circumstances support — at no cost and with no obligation.