Serve Legal’s latest audit reveals a concerning drop in allergen compliance – now at 53% by 2025. Despite increasing awareness and efforts to improve allergen labelling, food businesses still face challenges with consistent staff training and real-time application of allergen protocols, putting consumers at risk.
The food industry faces a critical question, ‘Are we truly protecting consumers from food allergens, or are we merely ticking boxes?’ Over 200,000 annual audits conducted by Serve Legal – a compliance monitoring service that works with 10,000 young auditors – have highlighted a concerning gap between allergen awareness and practical implementation in retail and hospitality.
The audits, which test staff’s adherence to allergen safety protocols by having mystery shoppers visit establishments, consistently reveal a troubling trend: while allergen labelling has improved, staff compliance with allergen safety is worryingly inconsistent. In 2023, the pass rate for staff properly managing allergens was 74%, but by 2025, that figure had dropped to 53%. What’s worse, audits performed on Saturdays and during evening hours revealed compliance rates as low as 45% and 47%, respectively.
These audits are designed to simulate ‘near misses’ – scenarios in which a real customer with an allergy might have been put at risk, had it not been a controlled visit. No auditors living with allergies are put at risk, but the findings highlight situations where businesses could have failed to protect a vulnerable customer.
One of the most concerning findings from Serve Legal’s audits is the disparity in how different allergens are treated. For example, while peanut allergies received a 50% compliance rate and fish allergies fared slightly better at 56%, other allergens like gluten (37%) and kiwi (20%) received far less attention. In fact, even dairy allergies – which affect a significant portion of the population – showed only 51% compliance, a troubling statistic given the potential severity of a reaction.
Ed Heaver, co-founder and CEO of Serve Legal, argues that the issue isn’t entirely with the availability of allergen information but also how staff engage with it.
“Many businesses are doing the right thing by investing in allergen menus and making information accessible to customers. But the real challenge is ensuring staff can confidently and accurately apply that information in real-time,” Heaver explains.
“The fact that so many businesses now commission third-party audits show their intent to improve, but consistent allergen safety demands more than intent. It requires staff who are fully trained, kitchens that are fully informed, and systems that make allergen conversations second nature.”
Beyond restaurants and retailers, food producers also have a responsibility to clearly label all potential allergens – including hidden ingredients in sauces, dressings, and processed foods.
As Emily, a Serve Legal Area Manager and auditor living with a dairy allergy, shared:
“I once ordered a dairy-free caramel latte and, although the café used alternative milk and cream, they didn’t tell me the caramel sauce still contained milk powder.”
For allergy sufferers, it’s these kinds of oversights that can turn a simple drink into a medical emergency.
The goal should be to create an environment where food safety is not just about having the right information on a menu but about ensuring that every customer can feel confident when ordering a meal.
Whether it’s ensuring that staff are knowledgeable, asking the right questions, or providing clear and actionable information, the food industry must move beyond the minimum standards and take proactive steps to protect customers.
