Woman though she would die after allergic reaction to hotel dessert
A Perth hotel has been hit with a $30,000 fine after serving a guest a mislabelled nut-laden tart which the guest thought was going to kill her.
Pan Pacific Perth was found guilty of selling food which did not comply with the purchaser’s demand.
The hotel had claimed the dish was allergen-free. It has been informed by the hotel of the woman’s allergies to nuts, sesame seeds and oil in the lead up to the event.
The woman need to administer an EpiPen and was transferred by ambulance to Royal Perth Hospital for treatment after she consumed the dessert during a break at a corporate function.
A victim impact statement tells of lasting physiological and psychological impacts, including anxiety around food she hasn’t prepared herself.
Her survival is attributed to the swift action of paramedics.
“It’s clear that the victim considers that her life was endangered by the accused’s conduct, and she says that while she was in hospital, she believed she was going to die,” the magistrate said.
“Clearly this event has had a significant impact on her.”
The magistrate saw no systemic failure and labelled the incident a one off. However, he said the seriousness of the incident and breach of the Food Act 2008, was made worse by the prior notification of the woman’s condition.
“There was little she could have done to prevent this conduct,” the magistrate said.
The magistrate took into account the hotel’s early guilty plea and its cooperation with authorities.
The hotel’s management expressed genuine remorse by apologising to the victim and offering her compensation.
It has also changed its anaphylactic procedures.
Jonathan Jackson, 19th October 2023
