Allergy & Asthma Law Explorer

If passed, beginning January 1, 2028, Illinois restaurant owners must put clear notices on menus and online menus identifying which menu items contain a major food allergen, with $500 fines for violations and possible shutdown after repeated inspection failures.

Requires clear labeling of barley, rye, and oats as major allergens on packaged foods, and orders federal health studies on celiac disease prevalence and treatment.

A pending Massachusetts bill that would require restaurants to designate an allergy-knowledgeable server liaison for allergic customers.

Proposed legislation to provide civil liability protection for entities and individuals that maintain and use stock epinephrine in emergencies, expanding the scope beyond schools to public places including aircraft.

Proposed legislation to allow schools to maintain a stock supply of albuterol and other asthma rescue medications for emergency use by students experiencing respiratory distress.

A pending bill intended to further codify and potentially expand the ability or requirement for schools to maintain a stock supply of epinephrine auto-injectors.

Pending New York legislation (S.5381 / A.6558A) sponsored by Senator Pete Harckham and Assemblymember Lunsford that would require allergen labeling to help protect consumers with food allergies and celiac disease.

Pending New York legislation (S7810) sponsored by Senator Cordell Cleare.

If passed, Michigan food service establishments would have to give consumers a written notice listing the major food allergens present in each unpackaged food item they serve or sell (via menus, brochures, table tents, deli-case notices, or other written means).

If passed, New Jersey food service businesses (restaurants, cafes, delis, coffee shops, convenience stores, grocery stores, food trucks, movie theaters, cafeterias) would have to list the major food allergens in each menu item — either on the menu itself, via a QR code linking to a website, or on separate written materials like a chart or booklet.

Requires restaurants and other retail food facilities in Pennsylvania to post food-allergy-awareness posters in employee areas and to warn customers on menus about allergens used in the facility, asking customers to inform staff of their food allergies. Also updates the state Food Code to the 2022 FDA edition.

Requires New Jersey restaurants and food service businesses to disclose the top 9 major food allergens in each menu item — on the menu, via QR code, or on a separate handout — so diners with food allergies can eat out safely.

Requires New York insurance plans to cover a second rescue and maintenance asthma inhaler and medically necessary devices for children, reducing high out-of-pocket costs that prevent asthma patients from adhering to treatment.

A federal bill to fund and support school programs that manage student food allergies and asthma — including staff training, emergency response plans, and access to epinephrine and inhalers.

Requires clear labeling of barley, rye, and oats as major food allergens on all packaged foods, so Americans with celiac disease can easily identify whether a food is safe to eat. Brings U.S. labeling standards in line with 87 other countries that already require this.

Requires Medicare, Medicaid, CHIP, and federal employee health plans to cover medically necessary specialized foods and formulas prescribed for people with digestive or metabolic conditions, including those affecting food allergy, celiac, EoE, and FPIES patients.

Gives the EPA authority and funding to improve indoor air quality in schools, helping students and staff with asthma and respiratory conditions breathe easier.

Requires public schools to adopt a policy for managing anaphylaxis and permits schools to maintain a stock supply of epinephrine auto-injectors. Staff must be trained in administration, and the law provides civil immunity for those who administer the medication in good faith during an emergency.