Randy Chandler
In 2016, Panera Bread was sued by the Russo family after their 6-year-old daughter, who has a severe peanut allergy, was served a grilled cheese sandwich with peanut butter. The incident, which took place at a Panera Bread outlet in Natick, Massachusetts, resulted in the child having an anaphylactic reaction, which led to an overnight hospital stay. This sparked a debate about whether peanut butter is a suitable condiment for grilled cheese sandwiches, as well as discussions about the responsibility of restaurants to accommodate customers with food allergies.
| Characteristics | Values |
|---|---|
| Does Panera have grilled cheese that comes with peanut butter? | No, but there was an incident in 2016 where a girl with a peanut allergy was served a grilled cheese sandwich with peanut butter. |
| Date of incident | 28 January 2016 |
| Location | Panera Bread outlet in Natick, Massachusetts |
| Allergy case status | A Massachusetts Superior Court judge ruled that the case needs to go to trial |
| Grilled cheese add-ons | Bacon, tomato slices |
Explore related products
What You'll Learn
- A Massachusetts family sued Panera after their daughter, with a peanut allergy, was served a grilled cheese with peanut butter
- The family claimed that they had reiterated twice that the sandwich should not contain any nut products
- Panera's lawyers argued that the company cannot guarantee any food items are free of allergens due to shared equipment
- The case was sent to trial by a Massachusetts Superior Court judge
- The family decided to sue after learning of a similar incident at a different location owned by the same franchise group
A Massachusetts family sued Panera after their daughter, with a peanut allergy, was served a grilled cheese with peanut butter
A Massachusetts family sued Panera after their daughter, with a known peanut allergy, was served a grilled cheese sandwich with peanut butter. The incident occurred in January 2016 when the girl's mother, Elissa Russo, placed an online order for a grilled cheese sandwich from the Natick Panera Bread restaurant. She specified in two separate places on the online order form that the sandwich was for a child with a peanut allergy and requested that Panera ensure it was safe for her daughter to consume. However, the sandwich that was prepared contained a significant amount of peanut butter, described as a "glob" by the family and their lawyers.
The family, identified as the Russos, filed a civil lawsuit against Panera, alleging that the restaurant acted with negligence when an employee knowingly put peanut butter in the sandwich. The girl's father, John Russo, stated that his wife had reiterated twice that due to peanut allergies, there should be no nut products in the sandwich. Following the incident, Russo told the media that he had called the manager of the restaurant, who explained that an employee with limited English likely read the request and thought the family wanted peanut butter in the sandwich.
The case centered around how a peanut-allergic individual was served a sandwich containing peanut butter, resulting in an anaphylactic reaction that led to hospitalization. The young girl experienced vomiting, diarrhea, hives, and an overnight hospital stay. The family's lawyers, disability rights attorneys Mary Vargas and Laurel Francoeur, argued that there was enough evidence to let a jury decide if Panera, as a national chain, was liable for the incident at one of its franchise cafes. They also noted that Panera, LLC, creates the allergy policies and is responsible for the online ordering system, which was used in this case.
While some questioned why someone with a peanut allergy would order a grilled cheese sandwich, others defended the family, stating that a restaurant should never be trusted to handle a life-threatening allergy. The lawsuit sparked a debate about the responsibility of food establishments in accommodating customers with allergies and the potential consequences of failing to meet those obligations. The outcome of the case is unknown, as no details of any settlement have been released.
The Perfect Spices for a Grilled Cheese Sandwich
You may want to see also
The family claimed that they had reiterated twice that the sandwich should not contain any nut products
The family of a young girl with a severe peanut allergy was forced to take legal action against Panera after their daughter was served a grilled cheese sandwich with peanut butter. The incident, which took place in January 2016, resulted in the child experiencing a severe allergic reaction that required hospitalization.
The family, the Russos, claimed that they had been very clear about their daughter's allergy when placing the order. Elissa Russo, the girl's mother, stated that she had ordered the sandwich online and specified in two separate places that it was for a child with a peanut allergy. She had requested that Panera ensure the sandwich was safe for her daughter to eat. Despite these warnings, the sandwich was prepared with a significant amount of peanut butter, described as a "glob" or "two scoops."
The family's claim is supported by the fact that this was not an isolated incident. Less than a month later, another child with a peanut allergy was served a similar sandwich from a different Panera location owned by the same franchise group. This child also experienced an anaphylactic reaction and had to be hospitalized.
The Russos' lawsuit against Panera alleges negligence, assault, battery, and infliction of emotional distress. They argue that the restaurant acted negligently when an employee knowingly put peanut butter in the sandwich, despite the clear warnings about their daughter's allergy. The family's lawyer, Mary Vargas, has emphasized that this is not a case of cross-contamination but rather a direct result of Panera's failure to accommodate the child's allergy.
Grilled Cheese and Tomato Soup: Spicy Twists on Classics
You may want to see also
Panera's lawyers argued that the company cannot guarantee any food items are free of allergens due to shared equipment
In 2016, a Massachusetts family sued Panera after their daughter, who has a peanut allergy, was served a grilled cheese sandwich with peanut butter. The family had ordered the sandwich online and specified twice that their daughter was allergic to peanuts. However, the sandwich contained a "significant glob of peanut butter", according to the civil lawsuit. The child ate part of the sandwich before realizing it contained peanuts and suffered an allergic reaction that required hospitalization.
The family's lawyer, Mary Vargas, argued that the case was not about cross-contamination but about the fact that Panera employees knowingly put a large amount of peanut butter on the sandwich. She also highlighted the obligation of restaurants to accommodate individuals with food allergies and the potential consequences of failing to meet those obligations.
Panera's lawyers, on the other hand, argued that the company cannot guarantee any food items are completely free of allergens due to shared equipment and the presence of common allergens throughout their supply chain and bakery-cafes. This disclaimer is included on the company's website and in their stores. They also have allergy disclaimers on their website stating that many of their products "may come into contact with common allergens."
While the specific outcome of this particular case is unclear, it is known that Panera and the complainants resolved their differences, with no details of the settlement being released. This incident highlights the importance of restaurants taking appropriate measures to accommodate individuals with food allergies and the potential risks associated with consuming food from restaurants when one has a severe allergy.
Grilled Cheese Burger: Five Guys' Secret Menu Item?
You may want to see also
Explore related products
The case was sent to trial by a Massachusetts Superior Court judge
In 2016, a Massachusetts family sued Panera after their daughter, who has a severe peanut allergy, was served a grilled cheese sandwich with peanut butter. The family claimed that despite multiple warnings about their daughter's allergy, the young girl was given a meal that could have killed her. The Boston family's lawsuit specified that the sandwich contained a "significant glob of peanut butter".
The incident that sparked the case occurred on January 28, 2016, when Elissa Russo, the girl's mother, placed an online order for a grilled cheese sandwich from the Natick Panera Bread restaurant. She specified in two separate places on the online order form that the sandwich was for a child with a peanut allergy and requested that Panera ensure the sandwich was safe for her daughter to eat. However, the sandwich was prepared with a substantial amount of peanut butter, leading to the civil lawsuit against Panera.
The case, filed in Middlesex Superior Court, alleges that the restaurant acted negligently when an employee knowingly put peanut butter in the sandwich. The girl's father, John Russo, stated that it was unreasonable for Panera to explain that an employee with limited English may have misinterpreted the request. He pointed out the similarity of the word "allergy" in Spanish and Portuguese to the English version, making the misunderstanding unlikely.
Panera's lawyers had sought to release the national chain from the allergy case, but the Massachusetts Superior Court judge, Ritter, did not allow this. Ritter's ruling stated that there were enough facts to warrant a trial and allow a jury to decide if Panera, LLC, the national chain, is liable for injury to a customer at a franchise café. The case highlights the importance of restaurants taking food allergens seriously and the potential consequences of negligence.
The Perfect Cheese for Grilling: Mediterranean Style
You may want to see also
The family decided to sue after learning of a similar incident at a different location owned by the same franchise group
A family in Massachusetts sued Panera Bread after their daughter, who has a severe peanut allergy, was served a grilled cheese sandwich with peanut butter. The incident, which took place in January 2016, resulted in the girl having an anaphylactic reaction and being hospitalized overnight.
The family, identified as the Russos, claimed that they had specified in two separate places on the online order form that the sandwich was for a child with a peanut allergy. Despite these warnings, the sandwich was prepared with a significant amount of peanut butter, which the girl ate before realizing it was an ingredient. The family called the store to complain, and the manager attributed the mistake to a "language issue," suggesting that an employee with limited English may have misinterpreted the request. However, the Russos did not find this explanation reasonable, as the word for "allergy" in Spanish and Portuguese, languages spoken by the workers in question, is very similar to the English word.
The lawsuit filed by the Russos alleged negligence, assault, battery, and infliction of emotional distress. It was not the first time that Panera had been accused of such a mistake. Less than a month after the incident, another child with a peanut allergy was served a grilled cheese sandwich with peanut butter at a different location owned by the same franchise group. This child also experienced an anaphylactic reaction and was hospitalized.
The family's decision to sue was influenced by learning of this similar incident at another Panera location. They felt that it highlighted a pattern of negligence and a failure to take allergies seriously. The lawsuit brought attention to the obligations of restaurants and their corporate owners to accommodate individuals with food allergies and the consequences of failing to meet those obligations. While the specific outcome of the lawsuit is unknown, it is clear that the family's decision to take legal action was influenced by the previous incident at another Panera location owned by the same franchise group.
The Birthplace of Roxy's Grilled Cheese Truck
You may want to see also
Frequently asked questions
No, Panera does not have grilled cheese that comes with peanut butter. In 2016, a Panera Bread outlet in Natick, Massachusetts, served a peanut-allergic girl a grilled cheese sandwich with peanut butter, leading to a lawsuit.
Panera's grilled cheese sandwich typically includes bread, butter, cheese, tomato, and bacon.
While it may seem unusual, pairing nut butters, including peanut butter, with cheese is not uncommon. Some recommended cheese pairings include Sartori SarVecchio Parmesan, Ford Farm Seaside Cheddar, and Beehive Cheese Co.
