A recent lawsuit, Bayton v. Olive Garden, illustrates legal risk for restaurants, creating the expectation of duty, reliance and disclosure. The case involves a diner with celiac disease who informed the server of his condition and was affirmatively assured the meal was gluten-free. The dish was not gluten-free, allegedly causing serious medical injury. Claims include negligence based on a failure to exercise reasonable care after notice of a known medical risk.
Restaurants (and other food providers) may owe a duty of care when they make affirmative representations about gluten-free status or celiac safety, particularly when a guest identifies a medical condition and relies on those assurances. Lawsuits, settlements, and court opinions continue to rise, grounded in negligent misrepresentation, negligence, ADA Title III, and consumer protection theories.
It is critical to clarify consumer expectations, maintain clear disclosures, and reduce misinformation. Communication is paramount. Restaurant employees need to be trained on why trace gluten matters. It is not a preference; it can pose a medical risk for people with celiac disease. Effective January 1, 2026, Illinois became the only U.S. state with a statute that explicitly incorporates celiac disease and gluten-free handling into food-safety training. The law amends existing food handling regulations and requires certified food service sanitation managers (not all staff) to receive training on celiac disease, the medical necessity of gluten-free handling, cross-contamination prevention, cleaning and sanitizing procedures, and identification and labeling of gluten-free foods. Additionally, in 2008 Congress broadened the Americans with Disabilities Act (ADA) to include “major life activities” such as eating and “major bodily functions” including the immune and digestive systems. Based on these changes, both celiac disease and gluten sensitivity fall under ADA’s protection even though they are not visible disabilities.
Restaurants are rapidly expanding gluten-free options and, in some cases, offering stand-alone gluten-free menus. While this is appealing to a variety of patrons, it may be far from enough protection for individuals diagnosed with celiac disease. How food is prepared and handled is just as important as whether it is labeled gluten-free. Celiac disease is an autoimmune disorder (not an intolerance) in which the body reacts to gluten, a protein found in wheat, barley, and rye. Even trace gluten (<20 parts per million) can cause intestinal damage, leaving diners reliant on the restaurant’s controls and employee knowledge. Even a small amount—such as crumbs from croutons or airborne flour dust—may be enough to trigger injury and increase long-term risks including osteoporosis, anemia, infertility and pregnancy complications.
Unlike food allergies, where reactions are often immediate and visible, celiac disease can cause the immune system to attack the intestinal lining without outward signs. People with celiac disease want to dine out and enjoy the same restaurants as everyone else, but they depend on restaurant transparency, training, and controls to do so safely and without medical harm. These needs are not preferences; they are medical necessities and should be treated as such. For someone with celiac disease, a “mix-up” is not minor—it can create real health risks, therefore, clear communication and rigorous safety practices are essential when serving gluten-free food.
Cross-contact occurs when gluten is transferred from one food or surface to another. For people with celiac disease, high-risk scenarios include shared fryers, toasters, grills, and pasta water. Maintaining dedicated space and utensils for preparing gluten-free items can significantly reduce these risks.
Practical steps to reduce risk (and protect diners):
- Ask and confirm: If a guest identifies celiac disease, treat it as a medical need (not a preference) and confirm what the kitchen can and cannot provide safely.
- Avoid overpromising: Do not assure “safe” or “gluten-free” unless staff are trained and the restaurant’s controls support that representation.
- Disclose shared equipment: Proactively disclose shared fryers, toasters, grills, etc., explaining cross-contact risk.
- Use dedicated tools where possible: Utilize dedicated prep space, utensils, cutting boards, and storage to reduce cross-contact.
- Control the workflow: Change gloves, wash hands, clean/sanitize surfaces, and prevent flour dust/crumb exposure during food preparation.
- Escalate when unsure: Train staff to involve a manager/chef when a guest requests gluten-free due to celiac disease.
There are also national voluntary training programs such as GF-Smart Training, MenuTrinfo AllerTrain Lite, and GREAT Gluten-Free Training. GF-Smart Training is endorsed by the National Celiac Association (NCA), training front-of-house, back-of-house and management on ingredient sourcing, dedicated prep and storage, cross-contact prevention and communication with diners about gluten-free safety. This program is paired with a Gluten-Free Food Program (GFFP) certification which restaurants use to publicly represent gluten-free safety commitments.
Food service providers that have not yet taken a deeper look at celiac disease and gluten-free food safety should consider doing so. Although most states do not currently require celiac-specific or gluten-free food-handling training for all restaurant staff, awareness and expectations in this area are growing rapidly. Restaurants that choose to offer or advertise gluten-free meals have access to well-established protocols designed to prevent cross-contamination and protect diners with celiac disease.
When food is misrepresented as gluten-free, restaurants may face negligence or misrepresentation claims. The same risk arises when shared equipment is not disclosed or when staff provide inaccurate assurances about ingredients or preparation methods. In practice, liability often turns on a simple theme: say what you can do, do what you say, and train staff to close the gap. Transparency protects everyone—and for customers with celiac disease, it can prevent avoidable harm.
