SPRinG 2016 California Hotel & Lodging Association 9 • The presence of alcohol may influence the rate of absorption of food allergens into the body, potentially intensifying the level of reaction to the allergen. in addition to these enhanced risks, the presence of potential food allergens may simply not be as intuitive as one might think at first blush. For example, tree nuts are frequently used, but not advertised, in some specialty beers (particularly seasonal ales). Likewise, eggs are used to create “froth” on top of an increasing number of mixed beverages. The risks go beyond just the overt ingredients in the drink itself. For example, in 2013 a report that was published about a 47 year old who suffered from repeated episodes of anaphylaxis, allergic rhinitis and asthma after consuming gold, but not silver, tequila. Researchers ultimately determined that she was suffering from an allergic reaction to an oak protein found in the oak barrels in which the tequila had been aged. Some people have a rare allergic reaction to barley that prevents them from enjoying beer. interestingly, the people that experience this allergic reaction do not experience the same result when consuming other barley-containing foods, such as bread. it is suspected that the fermentation of barley somehow changes the protein to generate food allergies. With these enhanced risks, one might expect that bar and lounge owners would be vigilant in seeking to warn and prevent allergic reactions in their patrons, but in fact, bar and lounge menus rarely include language warning customers to consider food allergies, and bartenders and cocktail servers usually do not have any kind of food allergy training. This is a mistake, as business could be negatively affected if a lounge’s patrons were to suffer a severe allergic reaction to one of its drinks. Beyond the adverse impact on business, there are also liability issues to consider. if a patron specifically identified a particular food allergy and sought and obtained assurances that the drink she ordered did not contain that ingredient, and then she suffered a severe allergic reaction because the assurance that she received was wrong, then the bar or lounge could be held legally liable for her injuries on a theory of breach of express warranty. As such, when serving alcoholic beverages, bars and restaurants should consider the following: • Liability will attach to the preparation and serving of mixed drinks, as much as for the preparation and service of food products. • Staff should be required to clean out shakers between orders as cross contamination could occur when bartenders mix different kinds of drinks in the same shakers. • Warning labels should be included on drink menus. • Wait staff should be trained to inquire whether patrons have food allergies, and the bartender should be trained to explain all ingredients in the beverages he serves. • The entire staff should be trained in first aid and notification procedures for contacting medical professionals in the event that a customer experiences an allergic reaction on bar premises. The good news is that both the packaged food and restaurant industries have taken steps that can be replicated by bars and lounges to reduce both the potential for incidents involving an adverse allergic reaction, or potential liability in the event of such an incident. Bar and lounge owners would be well-advised to educate themselves, and their clientele, on potential allergy issues associated with their drinks well in advance of an incident occurring. do not let your hotel bar get hammered by lawsuits. William E. Adams is Managing Partner of Michelman & Robinson, LLP’s (M&R’s) San Francisco office and a member of the firm’s Hospitality Industry Group. He can be contacted at 415.882.7770 or badams@mrllp.com.
CH_LA Lodging News Spring 2016
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