A 12-year-old girl died after suffering a severe allergic reaction to a milkshake because a blender containing a drink containing nuts was not washed out properly.
Her ‘heartbroken’ family have said her death should have been avoided.
Mia-Shay St Hilaire visited the Pop Inn Cafe in Bermondsey, southeast London, in the summer of 2023 with family.
Mia-Shay, from Sydenham in southeast London, was allergic to tree nuts.
She ordered a milkshake but suffered a severe allergic reaction which eventually led to her death five days later.
It is believed traces of nuts were present in Mia-Shay’s drink, which led to the young girl’s tragic death.
CCTV evidence showed the cafe’s operator, Baris Yucel, hadn’t properly cleaned a blender used to make Mia-Shay’s milkshake.
Yucel, 47, admitted six criminal charges relating to the young girl’s death. He was fined £18,000 and given a 100-hour community order.
Mia-Shay St Hilaire, 12, died after she drank a milkshake which contained traces of tree nuts
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 had visited the cafe with her aunt and sister on August 25, 2023.
She suffered a severe allergic reaction after drinking a milkshake.
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 concluded that her death could 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.
CCTV evidence showed that cafe operator Baris Yucel hadn’t properly cleaned the blender used to make her milkshake
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.’
