Audio By Carbonatix
A woman is calling out a restaurant in Sandestin, Florida, after alleging that it misrepresented the allergen content in a birthday dessert. The woman, who has a nut allergy, says the move almost got her killed.
In a video with over 135,000 views, TikTok user Kaia (@kaiam9) explains how a trip to the Ovide restaurant at Hotel Effie in Miramar Beach, Florida, ended in her driving to the hospital.
According to Kaia, she went to the restaurant for a friend’s birthday. While she describes the experience as “horrible,” with long wait times, small portions, and food that had to be sent back, she explains that the group was “[not] going to complain about it,” as they were simply trying to make the most of the situation.
Finally, toward the end of the meal, she says the server brought out a “birthday dessert.”
“We don’t even want it at this point,” Kaia explains. “We just want to get out of here.”
Still, trying to keep everyone’s spirits up, the group started digging in. Kaia says she clarified with the server that there were no nuts in the dessert, as she has “a severe nut allergy.”
“‘Absolutely not,’ she recalls the server saying. ‘We don’t even have nuts in our kitchen.’”
Comforted by that answer, Kaia took a bite. She says she immediately realized that something was wrong.
What Happened Next?
“The second bite I take, something’s crunchy in there. … I spit it out, and I’m looking at it, and I’m like, ‘That’s a nut. 100%,’” she says. “Like, I know what a nut looks like. I’ve had the allergy for 24 years, and that’s a nut, OK?”
Kaia says she realized that she was about to go into anaphylaxis. At that same moment, she says the server returned and clarified that there “might be nuts” in the dessert.
“I was like, ‘You don’t say. I just ate one,’” Kaia states. “She goes, ‘Let me see it.’ I showed it to her, and she goes, ‘I don’t think that’s a nut.’”
“I said, ‘OK, because my throat is closing up right now,’” the TikToker recalls saying.
Knowing that she couldn’t afford to go to the hospital, and without an EpiPen, Kaia says she took a Benadryl. Still, she felt the situation worsening. Though, she claims that the only employee who showed any care about her situation was the valet, whom she still had to pay.
Thankfully, on the way to the hospital, Kaia says that her Benadryl began to take effect and she began to feel better. As a result, she says she ultimately decided not to go to the hospital. She instead returned to the restaurant to pick up her friends.
“They still had to pay the bill,” she reveals. “They did take 15% off my salad, though—didn’t want to break the bank with that one!”
While Kaia appears to have tried to pursue a refund over email, she says her requests for a refund were denied.
“If you’d like to have a near-death experience, I have a great recommendation for you,” Kaia jests in closing.
The Restaurant Responds
After Kaia’s video began picking up traction, users began flooding the restaurant’s Google profile with negative reviews. Many were clearly in response to Kaia’s story. At least one recent review appeared to be a person telling their own story about their allergy being ignored. Some referenced the specific details of Kaia’s experience, leading to several responses from the restaurant.
“We wholeheartedly agree that this situation was unacceptable,” reads one response. “We’ve personally reached out to Kaia, shared our apology, and ensured a refund has been processed. In response, we are reviewing all allergy communication procedures and retraining our staff to ensure strict food safety compliance. We appreciate your expertise and concern—it pushes us to do better, and we are committed to doing just that.”
Kaia later posted a follow-up video clarifying that, while she now realizes she could have handled the situation better by having an EpiPen, she says that she is still not satisfied with the way the restaurant handled the situation. She says they emailed her saying they were going to improve their handling of allergens two weeks ago, only to have another review pop up afterward that claimed another customer’s allergy was poorly managed.
“So, obviously you haven’t made those changes,” she states. She later adds, “I don’t know if it takes someone having to die for them to make a difference in what they’re doing and to understand how serious the situation is. I’m not sure.”
What Allergen Rules Are Restaurants Required To Follow?
First, it should be noted that Kaia is incredibly lucky that her issue was able to be solved by Benadryl alone. In general, antihistamines like diphenhydramine (Benadryl) are not enough to prevent or stop anaphylaxis. And anyone at risk of going into anaphylaxis should be carrying an epinephrine autoinjector, such as an EpiPen, at all times.
Second, while specifics are a bit complicated, it appears that the restaurant may have violated Florida law by not accurately stating the allergen content of their food.
Florida International University Professor and hospitality law expert Dr. Paul Moore explained to NBC 6 South Florida that, when a customer with allergies orders food, the legal responsibility initially lies with them, since the restaurant has no way of knowing about their allergy.
However, once the customer informs the restaurant of their allergy, the responsibility shifts to the restaurant staff, who must then clearly communicate whether accommodations can be made for their allergy as well as take reasonable steps to ensure the customer’s safety.
As it appears that the restaurant did not do that, it would seem that they were in violation of the law.
Commenters Offer Their Thoughts
In the comments section, users stated their views on Kaia’s experience, as well as listing potential next steps she could pursue.
“The fact she came back after to tell you ‘it might have nuts in it’ tells me she went to ask someone after setting it down,” wrote a commenter. “Why on EARTH would she not just say ‘im not sure- let me check really quick’ if she had even an inkling of a doubt?! i live in destin and would happily try to help you find an attorney.”
“Put your health first,” offered another. “You should have made them call for an ambulance and used the epi pen. Then make them fill out an incident report and have their insurance get back to you. (You can still do that last part). I know healthcare and hospitals are expensive but your life is worth more. Glad you’re doing ok now- scary how nonchalant the waitress was.”
“Please please epi and hospital no matter what,” echoed a third. “Past reaction doesn’t predict the future reaction.”
BroBible reached out to Ovide via Instagram direct message and to Hotel Effie via website contact form. BroBible also reached out to Kaia via TikTok direct message and comment.
Content shared from brobible.com.