Dubai chocolate craze and related allergen concerns in the workplace

TikTok and Instagram influencers have contributed to so-called Dubai chocolate going ‘viral’ in the UK. However, the UK food watchdog, the Food Standards Agency, has issued warnings to people, in particular those with allergies, not to buy imported Dubai chocolate if they have any doubts about ingredients because of different labelling standards.  A recent BBC investigation has also found that several TikTok Shops have been selling food products without listing allergen information.

The UK operates high levels of food safety standards and requirements, much of which continues to derive from EU law. There are requirements under law with respect to the overall safety of food products and in relation to labelling; fundamentally creating requirements intent on allowing consumers to make fully informed decisions on the products they purchase.  Packaged products have extensive information requirements including providing the name of the product, manufacturer, place of origin, use by date and ingredients - with a requirement to clearly and fully identify the presence of specific allergens in the product.  The consequences of non-compliance are potentially and understandably severe extending to fines and prison sentences for operators for the more serious of failings.

Workplace safety concerns

The Dubai chocolate viral craze creates complexities for employers.  An employer has the responsibilities and liabilities of a food operator where it provides food products to its employees.  In the context of corporate hospitality for clients, customers and contacts, providing gifts for free does excuse or provide a defence to the need to meet food safety and labelling laws. 

In the workplace, many employers already institute a no-nut policy and undertake risk assessments to account for allergen sensitivities in the workplace.  This is in order to consider duties and requirements under Health and Safety legislation.  Employers will need to consider their own risk assessments and the level of risk around the influx of this product, if at all.  A significant complication with a product such as Dubai chocolate is that the ingredients typically contain both pistachio and tahini, both of which feature within the 14 prescribed allergies under UK allergen law under nuts and sesame.  This may be in addition to any other ingredients that may be present in the product. If an employer operates a nut ban in the workplace, Dubai chocolate would be captured under this prohibition.