A California woman is suing an
Arizona-based restaurant chain, P.F. Chang, over the extra charges it levies on
gluten free meals. The suit against them contends that the extra $1 charged by
P.F. Chang’s China Bistro Inc. for gluten free menu items infringes the
Americans with Disabilities Act because most people who order a gluten free
meal have a medical need to eat gluten free food due to celiac disease or
gluten intolerance. The suit also says the additional charges are implemented even
when the gluten free meal is by nature gluten-free ( e.g. meat and vegetables) and
therefore incurs no cost.
The
suit was initially filed in December 2014 in Santa Clara County Superior Court
by Anna Marie Phillips. The suit has since been moved by the restaurant to the federal
court in San Jose. As well as compensatory damages, the plaintiff is seeking
class-action status, injunctive relief, restitution, civil penalties and
punitive damages.
So the question "should cafes and
restaurants charge more for gluten free meals" is open to debate and the
decision made by the court could have far reaching ramifications.
My personal opinion coming from the point
of view of a café owner who provided a gluten free menu, and as a mother of celiac
daughter and now as a coach and mentor on the subject is yes they are fully within
their right to do so because it certainly costs more to provide gluten free
food, even if it is made from ingredients that are naturally gluten free.
For one thing, gluten free substitutes such
as gluten free bread, gluten free cereals gluten free flours unquestionably
cost more in the supermarkets. If this case succeeds, will these gluten free
products also become subject to a class-action by celiac sufferers? Or are most
celiac sufferers willing to pay that little bit more to get the range of
products now available on the supermarket shelves which they know are safe to
eat. Remember that most countries have laws regarding gluten free labeling
which is an additional cost to production.
The other fact to take into consideration when a café or
restaurant offers a gluten free menu is that it is not just about serving food made
from gluten free ingredients (including naturally gluten free products), It is more
about the principals behind serving 100% gluten free food.
When preparing gluten free food it is imperative to prevent cross
contamination and this is where the extra costs in production arises. Hospitality
staff need to be taught how to prepare and serve the food so it remains 100%
gluten free food. I think paying a little extra when you need 100% gluten free
food is well worth it for the peace of mind it brings.
The FDA's gluten-free rule also applies to
pre-packaged foods sold in some retail and take away food service outlets The
FDA also says that given the public health significance of gluten free label
ling,
restaurants making a gluten free claim on their menus should be consistent with FDA's definition. Responsible cafes
and restaurants take this legal obligation very seriously and this quality
requirement costs to implement.
For more information on the how
of 100% gluten free cooking contact me on coaching.glutenfreecooking@gmail.com
or read my book aimed and cafes and restaurants :
Gluten Free Guide
for Cafés and Restaurants , Safe Preparation and Serving of Gluten Free Foods
I would be interested also on hearing
your views on the topic: Should Cafes and Restaurants Charge
More For Gluten Free Meals?
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