The “heartbroken” family of a 12-year-old girl who died after suffering a severe allergic reaction to a milkshake containing nuts said her death should have been avoided. Mia-Shay St Hilaire – who was allergic to tree nuts – visited the Pop Inn Cafe in Bermondsey, southeast London, in the summer of 2023 with family.The schoolgirl ordered a milkshake but suffered a severe allergic reaction which led to her death five days later.
CCTV evidence showed the cafe’s operator, Baris Yucel, hadn’t properly cleaned a blender used to make Mia-Shay’s milkshake. It’s believed traces of nuts were present in Mia-Shay’s drink, which led to the young girl’s tragic death.After admitting six criminal charges relating to her death, 47-year-old Yucel was fined £18,000 and given a 100-hour community order.
Mia-Shay’s parents, Adrian and Chanel, said the knowledge that their daughter’s death could have been so easily prevented has only compounded the family’s grief. “We think of Mia-Shay every day and knowing her death could potentially have been prevented so simply, only adds to how heartbroken we are as a family,” they said.“We hope this conviction and fine sends a loud message to businesses serving food and drinks across the country, of the devastating consequences of failing to take food safety seriously.”
Croydon Magistrates’ Court heard Mia-Shay, from Sydenham in southeast London, had visited the Pop Inn Cafe on August 25, 2023, with her aunt and sister. She ordered and drank a milkshake, but suffered a severe allergic reaction.An ambulance was called and Mia-Shay was rushed to hospital, where she sadly died five days later on August 30.
Southwark Council’s food safety team launched an investigation, which concluded with the belief that there were hazelnuts and almonds in the milkshake prepared for Mia-Shay, who was allergic to tree nuts. The court saw CCTV evidence which showed that cafe operator Yucel hadn’t properly cleaned the blender used to make her milkshake, and there were substances left behind from the preparation of a previous drink.Southwark Council argued that this caused Mia-Shay to suffer a severe allergic reaction and that her death may have been avoided.
Mr Yucel pleaded guilty to six criminal charges levelled against him, including not making allergen advice available or visible to consumers, failing to manage allergen contamination during the food production process and serving food that contained an allergenic ingredient that should not have been present. He was fined £18,000 and given a 100-hour community order.
Michelle Victor, a partner at law firm Leigh Day, which represented Mia-Shay’s family, said children with allergies should feel comfortable ordering food and drink in hospitality venues safe in the knowledge that legislation to protect their lives is being adhered to. She said: “We are continuing to support Mia-Shay’s family and, while no outcome will ever make up for the loss they have suffered, this criminal prosecution is an important part of their fight to achieve justice for all those suffering with food allergies.
“Mia-Shay and all other children with allergies should be able to feel safe knowing that businesses serving food and drink adhere to food safety legislation put in place to protect their lives. But unfortunately, far too often we see that this doesn’t happen, which can have tragic consequences such as in this case.”
Since Mia-Shay’s death, enforcement officers from Southwark Council have been visiting the Pop Inn Cafe to ensure it follows new procedures aimed at preventing contamination. An inquest into Mia-Shay’s death is still due to be heard.Cllr Natasha Ennin, Cabinet Member for Community Safety and Neighbourhoods at Southwark Council, said: “What happened to Mia-Shay is a tragedy and my heart goes out to her family and the people who loved her.
“This might have been avoided if the operator of the café had followed simple food safety rules, and our officers will continue to work with local businesses to help ensure these are followed by all food outlets in Southwark.”