According to a survey from Spoon Guru, 33% of Americans who have accidentally purchased food that does not align to their dietary requirements do so on a weekly basis.  The research also revealed 76% of US consumers have unintentionally consumed food restricted from their diet, with the number one reason being that 52% have been served the wrong food as an error by waiting staff in bars and restaurants. 

Source: spoon.guru

Lightbulb Moment: Consumers who have serious health issues are the least likely to make this mistake but it is not a risk companies should count on.  Food service has a higher risk of such a mistake occurring since the consumer has no access to ingredient decks.  The litmus test for liability is this – in a court of law, would you win against a claim?