Baker fined over $5,000 for ‘dangerous’ wedding cake

By Elizabeth Hunter

A baker has been fined nearly $5,320 after supplying a “potentially dangerous” wedding cake that could have killed the bride.

Faye Selway, of the Natural Cake Company, was hired to provide the cake for the event, but suspicions were first raised as it was the wrong color.

Upon delivery, the couple noticed the cake also had imperfections on the icing.

When the cake was cut in the kitchen, staff noticed pieces of plastic between the icing layers, and the couple was unable to serve it for fear of further pieces of plastic inside.

Selway refused to provide a refund, and the couple contacted Cornwall Council.

On investigation, it was discovered that Selway had also given the customer both written and verbal assurance that the cake would be nut-free and made in a completely nut-free environment at her cake studio.

This was vital as one of the brides has a severe nut allergy and, in the past, had been hospitalized with anaphylaxis.

Further research revealed that the cake was made in a domestic kitchen, which was not the nut-free environment promised to the brides.

Selway of the Natural Cake Company, based in Wadebridge, Cornwall, pleaded guilty at Bodmin Magistrates’ Court to four charges under the Food Safety Act 1990 and the Food Safety and Hygiene (England) Regulations 2013.

The court heard Selway vacated her cake studio nine months before she took the order for the cake, knowing full well that it would not be made in a dedicated studio.

Neither the cake studio nor Selway’s domestic kitchen were registered with Cornwall Council as a food business, which is required by law and therefore had not been subjected to any food safety interventions, which would have included allergen control and assessing allergen claims.

Selway had been advised in writing by the council when she was considering setting up the cake studio that she would need to register as a food business if she pursued the venture and was therefore fully aware of the requirement.

She has since been fined $1,200, and ordered to pay the council’s costs of $4,115 - totaling $5,320.

Nick Kelly, Group Leader, Food Safety, Health and Safety and Port Health, said: “The legislation around allergens in food are there to ensure consumers have accurate advice to enable them to make an informed decision in respect of the foods they consume.

“In this case, the misleading information could have had life-threatening consequences.

“Where businesses fail to meet their legal obligations and put people at risk, the Council will not hesitate to take formal enforcement action.”

Council member Thalia Marrington, cabinet member with responsibility for Community Safety and Public Protection at Cornwall Council, said: “This case highlights the importance of ensuring businesses provide accurate information in relation to the foods they sell.

“Making misleading claims is totally unacceptable and in instances like this can be life-threatening to the consumer.

“When businesses blatantly disregard their legal obligations and put their customers at risk, we have no choice but to take action.”