Food poisoning or allergy at a restaurant: who is liable and how to sue

This guide deals with two related situations: an allergic reaction after a meal or after a food product, and food poisoning. It explains what the law requires of the restaurant and of the manufacturer, what a claim is based on, and what is worth recording. On consumer rights in general, see Consumer Protection Law: what you are entitled to.

Must a restaurant mark allergens on the menu?

The Protection of Public Health (Food) Law, 5776-2015, adopted the European regulation on the provision of food information to consumers (Regulation 1169/2011; item 5 of the Second Schedule A to the Law). Article 44(1)(a) of the Regulation requires information on ingredients that cause allergies also for food offered to the consumer without prepacking. Israeli law provides, as a Temporary Provision for seven years from 1 January 2025, that this paragraph “shall not be read” (item 5 of the Second Schedule A). A matter excluded in this way is governed by local food legislation (section 3A(a2)). The Law also provides that the Minister of Health will report to the Knesset Health Committee, by 31 July 2026, on the preparations for applying a duty to label allergens in catering and in eateries (section 318(h)).

Whether or not a labeling duty applies, what the restaurant does say about the dish must be true. A person who engages in selling food must not give or publish information about food that was not prepacked by the manufacturer if the information does not match the food (sections 2 and 14(c)(1) of the Food Law). And a dealer may not do anything, by act or omission, in writing or orally, that may mislead a consumer on a material matter in the transaction. The Law lists “the ingredients of an asset” as a material matter (section 2(a)(2) of the Consumer Protection Law, 5741-1981). Such an act or omission is treated as a tort under the Torts Ordinance, and the remedies for it are available to the consumer who was harmed (section 31(a)–(a1)).

Packaged food: what must the manufacturer label?

A manufacturer or importer must label the food or its packaging under the food legislation, including official standards and labeling provisions adopted from European law (section 15(a) of the Food Law). It may not manufacture or import food whose labeling does not match the food. It may not give or publish information about the food, including its ingredients, that does not match it (section 14(a)–(b)).

The European regulation that was adopted applies subject to the exclusions in item 5 of the Second Schedule A to the Food Law. It requires listing, in the list of ingredients, every ingredient from the list in Annex II to the Regulation that causes allergies or intolerances, and emphasizing its name in print that sets it apart from the other ingredients. Where there is no list of ingredients, you state “contains” followed by the name of the ingredient (Articles 9(1)(c) and 21 of the Regulation). The Law sets a transitional period, from 1 January 2025 to 31 August 2029. During it, part of the local food legislation does not apply to an importer who imports on the European track, or to a manufacturer who declared that the food complies with European law and all the adopted provisions (section 321A). So which labeling wording applies to a given product depends, among other things, on the manufacturer or the importer.

For liability for damage, a product is also “defective” when, in the circumstances, warnings or instructions for use are required for safety reasons, and they were not given or are not suitable given the danger (section 3(a)(2) of the Defective Products (Liability) Law, 5740-1980).

What must be proved in a claim against a restaurant?

A claim over a dish that caused an allergic reaction or poisoning is usually based on the tort of negligence. Negligence is when a person, in their occupation, did not use the care that a reasonable and prudent person qualified in that occupation would have used in the same circumstances, and so caused damage to someone towards whom they had a duty not to act that way (section 35 of the Torts Ordinance [New Version]). The duty is owed to every person that a reasonable person should have foreseen might be harmed (section 36).

When three conditions are met, the defendant must prove they were not negligent (section 41): the plaintiff did not know, or could not have known, what the circumstances that caused the damage actually were; the damage was caused by property over which the defendant had full control; and the event fits better with the conclusion that the defendant did not use reasonable care. If the damage was caused partly by the injured person’s own fault, the compensation is reduced to the extent the court finds fair and just (section 68(a)).

When the restaurant gave wrong information about the ingredients of the dish (for example, that it does not contain a certain ingredient), there is also a cause of action for misleading, alongside negligence (sections 2 and 31 of the Consumer Protection Law). And a dealer may not put up a sign, or announce in any other way, that it is not liable for any bodily injury that may be caused to a consumer on the business premises or in its grounds (section 2(b1)).

Food poisoning: who is liable and how do you prove it?

As in any tort claim, you must prove the damage and the link between it and the food. So the medical records and the evidence of what was eaten, when and where, are the core of the case. When the product was manufactured or imported by a manufacturer or importer, the Defective Products (Liability) Law sets a presumption: the product was defective if the circumstances of the case fit better with the conclusion that it was defective than with the conclusion that it was in order (section 3(b)). For a meal in a restaurant, the tort of negligence applies, and in suitable cases also the rule in section 41 of the Torts Ordinance.

The Defective Products (Liability) Law does not apply to live animals, poultry and fish, or to other agricultural produce that is not processed. Cleaning, sorting, ripening, packing, storage and refrigeration are not considered processing for this purpose (section 9(a)). The Torts Ordinance applies to such cases.

Is the manufacturer of the product liable even without fault?

Yes, for bodily injury. A manufacturer must compensate a person who suffered bodily injury as a result of a defect in a product it manufactured, “and it makes no difference whether or not there was fault on the part of the manufacturer” (section 2(a)). A “manufacturer” also includes an importer who imported a product for commercial purposes, and anyone who presents themselves as the manufacturer by their name or trademark. A supplier of a product whose manufacturer or importer cannot be identified on its face is exempt if, within a reasonable time after the injured person’s demand, it gave the injured person details for locating them (sections 1 and 2(c)). “Bodily injury” is death, illness, injury or a physical, mental or intellectual impairment (section 1).

The manufacturer has only the defenses in section 4. Among them: the defect arose after the product left its control, or the injured person knew about the defect and the risk and exposed themselves to the risk willingly. The injured person’s negligence is not a defense, but if they acted with gross negligence, the court may reduce the compensation. For an injured person under the age of 12, the defense of willing exposure and the reduction do not apply (section 4(b)–(c)). A condition limiting liability under the Law is void (section 7), and compensation for non-pecuniary damage is limited by a ceiling linked to the index (section 5(b)). The Law does not detract from rights under the Torts Ordinance (section 10).

Who do you sue, and on what basis?

What should you record right after the reaction or the poisoning?

• Medical records: a visit to a doctor, an urgent care center or an emergency room, with a description of what was eaten and when;
• The receipt or the invoice, and the online order if there was one;
• Photos of the menu, of a sign or notice at the place, and of the product packaging and the ingredients label;
• The product itself, if any is left, in its original packaging;
• What was said and by whom: did you ask about a certain ingredient, what was the answer, and who was with you;
• Your contact with the business and its reply, in writing.

Keep all of this yourself. There is no need to send anything before we talk.

Until when can you sue, and in which court?

A tort claim becomes time-barred, as a rule, seven years from the day the cause of action arose (sections 5(1) and 6 of the Prescription Law, 5718-1958). When the cause of action is damage that was not discovered on the day it occurred, the period starts on the day it was discovered. But the claim becomes time-barred if it was not filed within ten years from the day the damage occurred (section 89(2) of the Torts Ordinance). A claim under the Defective Products (Liability) Law becomes time-barred within three years, and may not be filed more than ten years after the end of the year in which the product left the manufacturer’s control (section 6 of that Law).

An individual can sue in the Small Claims Court up to the ceiling in section 60 of the Courts Law [Consolidated Version], 5744-1984: see Small Claims Court: a practical guide. When the same labeling or the same wrong information harms many consumers, you can consider a motion to certify a class action against the dealer (item 1 of the Second Schedule to the Class Actions Law, 5766-2006): see How to file a class action in Israel: conditions, steps and a self-check. Representation in consumer claims: Class action and consumer claims lawyer.

Frequently asked questions

Must a restaurant mark allergens on the menu?

In the European regulation adopted in the Food Law, Article 44(1)(a), which requires allergen information also for food that is not prepacked, “shall not be read” as a Temporary Provision for seven years from 1 January 2025 (item 5 of the Second Schedule A to the Protection of Public Health (Food) Law). The Minister of Health is required to report to the Knesset Health Committee on the preparations for applying a duty to label allergens in catering and in eateries (section 318(h)). What the restaurant does say about the dish must be true (section 14(c)(1)).

The waiter said the dish had no ingredient I am allergic to, and it did. What is a claim based on?

On two main causes of action. Misleading: a dealer may not mislead, even orally, on a material matter in the transaction, and “the ingredients of an asset” are a material matter (section 2(a)(2) of the Consumer Protection Law). Misleading is treated as a tort (section 31). And negligence: a person who did not use the care a reasonable professional would have used, and so caused damage (section 35 of the Torts Ordinance). The Food Law also prohibits a person who engages in selling food from giving information about food that is not prepacked that does not match it (section 14(c)(1)).

The product did not say it contains an allergen. Is the manufacturer liable?

A manufacturer or importer must label the food under the food legislation, and may not manufacture or import food whose labeling does not match the food (sections 14(a) and 15(a) of the Protection of Public Health (Food) Law). For bodily injury, a product without a warning required for safety reasons is “defective” (section 3(a)(2) of the Defective Products (Liability) Law). The manufacturer must pay compensation even without fault, subject to the defenses in section 4.

Does a sign saying the business is not responsible for allergic reactions release the restaurant from liability?

The Consumer Protection Law prohibits a dealer from putting up a sign, or announcing in any other way, that it is not liable for any bodily injury that may be caused to a consumer on the business premises or in its grounds (section 2(b1)). Under the Defective Products (Liability) Law, a condition limiting liability is void (section 7). The question of liability is examined according to the circumstances of the case, including what the diner was told and what they asked.

Until when can you sue over food poisoning?

A tort claim becomes time-barred, as a rule, seven years from the day the cause of action arose (sections 5(1) and 6 of the Prescription Law). A claim under the Defective Products (Liability) Law becomes time-barred within three years, and may not be filed more than ten years after the end of the year in which the product left the manufacturer’s control (section 6 of that Law).