The family of a mother-of-five who passed away from an allergic reaction after consuming a ‘dairy-free’ £3.75 Pret sandwich claims that the product was inadequately tested after she passed away.
After consuming a “super-veg rainbow flatbread” at a post-Christmas family supper at a Pret A Manger in Bath, Somerset, in December 2017, Celia Marsh, 42, experienced a deadly anaphylactic reaction.
Although the yoghurt dressing on the sandwich was advertised as vegan, it was later shown to contain small amounts of dairy protein.
Mrs. Marsh, a dental nurse, was taken by ambulance to the city’s Royal United Hospital but subsequently passed away. According to a pre-inquest review hearing today, Pret’s failure to look into the food product “caused both the family and others great concern.”
A family lawyer also told the tribunal that it was ‘deeply regrettable’ that the ‘contents were not stored and adequately analysed,’ and that the testing was ‘inadequate.’
The information maintained by Australian coconut yoghurt company CoYo and its UK distributors Planet Coconut about the possibility of dairy contamination in its products was a ‘mismatch,’ according to the Avon and Somerset Coroner’s Court.
Henry Gosling, the creator of CoYo, will be asked for a statement, according to coroner Maria Voisin.
But Ms. Voisin also made clear that an inquest’s purpose was to determine how a person died, not to assign blame or take the place of civil litigation.
CoYo and Mr. Gosling are not listed as parties with an interest in the investigation.
The inquest for Mrs. Marsh is scheduled to start on September 6 and should last two to three weeks.
Pret and supplier Planet Coconut had already been sued by Bath and North East Somerset Council, but the case was ultimately dismissed, and her husband Andy Marsh is still pursuing a personal injury claim.
The family of Mrs. Marsh, who lived in the Wiltshire town of Melksham, was informed at today’s hearing that they are “keen that the inquest does not divert into an investigation into an investigation.”
A lawyer for the family said: ‘It is about how the deceased came about their death.
‘But there are clearly concerns with the investigation and that forms part of the context and background, which we will be exploring with the experts.’
The coroner also decided that the complete inquest will take place in Ashton Gate, Bristol, without a jury and will not have remote access facilities during the two-hour session, which was primarily administrative in nature.
Additionally, it was decided that in order to determine the extent to which the danger of milk contamination in the product was transferred, a statement from the director of CoYo, which was referred to as the “missing link” in the chain, was required.
The coconut milk yoghurt alternative, provided by the company CoYo, was supposed to be dairy-free and was included in the flatbread. Planet Coconut is the manufacturer of these branded yoghurts.
Ms Voisin added: ‘We will request a statement but it is going to be very limited. We are not asking him to go above and and beyond that one area of concern.’
She said this would be the last pre inquest hearing ahead of the full inquest listed for three weeks and due to take place from September, 6.
In a statement released today, Pret a Manger said it would fully cooperate with the hearing.
A spokesperson said: ‘Our deepest sympathies remain with the Marsh family over their terrible loss and we are doing everything we can to support this inquest.
‘Following Celia Marsh’s death in 2017, charges were brought against Pret. The prosecution ended due to the lack of evidence and as a result, Pret was found not guilty.
‘Over the past few years, Pret has established an industry-leading approach to helping customers with allergies, through the Pret Allergy Plan.
‘We will continue to do everything we can to make sure that every customer has the information they need to make the right choice for them.’
Mrs Marsh’s family previously paid a tribute to their ‘much-loved mother, daughter, sister and wife’ following her death.
In a statement following the opening of her inquest in October 2018, her family said: ‘We have kept a dignified silence since the death of Celia in December last year as the family has come to terms with her sudden and unexpected death.
‘We are also awaiting the outcome of the investigations into how she died.
‘She was a much-loved mother, daughter, sister and wife. We miss her greatly and we just want the answers to why she died after eating lunch with her family.’
At the time of the incident, the firm blamed by Pret A Manger for supplying the yoghurt described claims that it was responsible as ‘unfounded’.
The Food Standards Agency (FSA) said it investigated supplier CoYo, which later issued an allergy alert and recalled its coconut yoghurts.
But CoYo denied the recall was linked to Ms Marsh’s death and accused Pret of hampering its own probe by failing to provide vital information.
Mrs Marsh’s death came a year after Natasha Ednan-Laperouse died in 2016 when she ate a mislabelled Pret baguette purchased at Heathrow Airport.
The 15-year-old, who was allergic to nuts, passed away after consuming a baguette with artichokes, olives, and tapenade without realising it also included sesame seeds.
After the aeroplane took off, she experienced a severe allergic reaction, and despite her father giving her two Epi-pen injections, the adolescent suffered two cardiac arrests.
Later that day, in a hospital in France, she passed away.
Following her death, her family advocated for the passage of Natasha’s Law, which requires all food merchants to disclose the full ingredients and allergens on every food item prepared and pre-packaged for sale at that location.