Nut allergies are one of the most common allergies in the United States. As noted by Summit Health, over 6 million Americans are allergic to peanuts. Additionally, around 4 million Americans are allergic to tree nuts.
Given the prevalence of this allergy, numerous mechanisms are in place at both the state and federal levels to limit nut exposure for those allergic. For example, the FDA states that products with common allergens must have those allergens prominently and separately listed on a product’s nutritional information.
That said, incidents can still happen. Some may consume a product with a new ingredient of which they are unfamiliar and have an allergic reaction. Others may discover that something they bought with no allergens listed actually contains the specific thing to which they are allergic.
Now, a TikToker has called out Cheesecake Factory after what she implies was an unsatisfactory response to her request for allergen information.
What Went Wrong with This Woman’s Visit to the Cheesecake Factory?
In a video with over 504,000 views, TikToker Dominique (@hernameisdom) shares her experience. She performs what she says is her “impression of our server after telling him I have a nut allergy.”
“There shouldn’t be any nuts in here,” she says, sounding incredibly unsure while holding a bread basket. “Yeah, those are just oats. I’m pretty sure you’re—yeah, you should be good. I think you’re good. You should be good.”
In the caption, Dominique states why this message was unsatisfactory.
“Like am I gonna di3 or not?????” she asks.
Immediately, commenters were divided about whose responsibility it was to be aware of the allergen information for an item.
“Ppl treat nut allergies like it’s nothing or not a big deal when we can literally die in seconds from accidentally consuming nuts,” wrote a user.
“You should research everything before getting there tbh,” countered another.
“I am a server and THE SERVER SHOULD KNOW OR SHOULD BE ABLE TO PROVIDE YOU WITH INFORMATION SO YOU CAN EAT SAFELY AND WITH NO ANXIETY,” declared a third. “Like ‘it’s her allergy’ but she doesn’t work there so how does she know the ingredients of all items / oils used to cook foods. literally i always take the time to double check even when im busy so i don’t kill someone.”
So, whose job is it to tell you about a restaurant item’s allergen information?
Does a Server Have to Tell You About Allergen Information?
The answer is a bit complicated.
First, there’s no direct federal law saying that a server must inform diners whether an item on a menu has an allergen, even if asked.
That said, there is a network of federal and local laws and regulations that encourage transparency in this regard. This includes requirements that allergens be listed on the menu and training for restaurant staff about allergens.
This training can include providing workers with a reference list of menu items and ingredients. Also, conducting allergen and cross-contamination prevention training for both front- and back-of-house staff. This includes designating at least one staff member per shift to handle customer food allergy questions.
It should also be noted that some states have stricter laws on this than others. For example, several states require separate allergen training. FARE notes that “restaurants in Massachusetts are also required to have on staff a certified food protection manager who has been issued a Massachusetts certificate of allergen awareness training through a training program recognized by the Massachusetts Department of Public Health.”
@hernameisdom Like am I gonna di3 or not????? #fyp #cheesecake #cheesecakefactory #allergies #allergy ♬ original sound – dominique
If a customer comes to a restaurant and asks if an item contains an allergen, they are told that it does not or that “You should be good,” then have an allergic reaction, the restaurant could be found criminally negligent and charged.
It’s unclear whether Dominique ended up consuming the bread. However, a similar product from Cheesecake Factory does not have nuts listed as a potential allergen.
The Mary Sue reached out to the Cheesecake Factory via email and Dominique via TikTok and Instagram direct message.
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