Wanda’s BiteBuddy order had no allergens listed as Wanda had not checked the allergy checkbox on the BiteBuddy app. Wanda was not aware that BiteBuddy has a special box that must be checked to flag allergies on an order and had instead written in the special instructions area “Severe peanut allergy – absolutely no peanuts or peanut products”. In the first place, even without special instructions, Hazel’s vegetable curry was not supposed to contain peanuts but the supplier of the curry powder used changed their ingredients, an act that was not disclosed to Herb.

After considering the arguments presented by the defense and plaintiff, Judge Barnett concluded that Herb Salt is innocent. Ever since the tragedy of Hazel Nutterson’s death, Herb’s Haven has put in place much stricter protocols concerning their customers dietary restrictions, demanded that their supplier clearly discloses all possible allergens and implemented a double checking system for all meals flagged with dietary restrictions.