According to a new lawsuit, an Upper West Side mother with a severe sesame allergy went into anaphylactic shock after eating a chocolate chip cookie made with tahini at a local coffee shop.
According to the Manhattan lawsuit, the cookies were labeled simply as “chocolate chip” and while the barista knew they contained tahini, the employees said they were safe to eat, unaware that the tahini was made from sesame seeds.
Melissa Schwartz Nemeth’s reaction was so severe that the 36-year-old mother and wife is still receiving treatment months later, her lawsuit alleges.
Nemeth said in her lawsuit that she visited Oren’s Dairy Roast on Broadway in April and decided to buy some treats while walking with her daughters, ages 4 and 18 months.
The woman’s husband, Greg Nemeth, told The Washington Post that his wife always asks if any food she hasn’t cooked contains sesame seeds before eating it.
“You wouldn’t think there’d be sesame seeds in a chocolate chip cookie, but you never know, so we always check,” Greg said. “Every time she eats a sesame seed, it’s a life-or-death situation.”
According to court documents, Melissa told the barista at Oren that she has a severe sesame allergy, but was reassured that the cookies did not contain sesame.
Due to a severe allergy, it only took one bite for Melissa to learn the truth.
When he nearly choked, Greg told the Post that his wife decided to get the truth out of the barista, asking again whether the seemingly harmless cookie contained sesame seeds.
“They said, ‘Oh no, it’s a tahini chocolate chip cookie. It doesn’t have sesame seeds,'” Gregg said.
“Luckily she had an EpiPen and was able to get home,” Melissa’s lawyer, Scott Koltan, told The Washington Post.
Greg rushed home from work after receiving a call from his wife and had to take a few days off to look after their two children, while Melissa, a former fashion buyer for Bloomingdale’s who is now a stay-at-home mom, was confined to bed for the better part of a week with a “very severe reaction.”
Her lawsuit alleges that not only did the coffee shop “not listen” when she told them about her allergies, but it also failed to list common allergens on the labels near the cookie shelves or on the menu.
Last year, state law required all establishments that serve food to display “food allergy awareness” posters and ask employees to “take seriously” if a customer says they have an allergy.
However, currently there is no requirement to list allergens on menus.
The cookies were not made in-house, according to the lawsuit, and the menu has since clearly stated they were tahini chocolate chip cookies.
“It’s important that employees understand exactly what they’re selling,” Koltun said.
Melissa also sued an East Village Mexican restaurant in 2020 over similar sesame contamination, but the complaint states the incident was much less serious. The suit was eventually settled.
In one recent high-profile case, a Long Island doctor died after eating a meal at a restaurant in Disney Springs, Florida, despite waiters assuring him the food was allergen-free.
“Sesame is a common food allergen and a key ingredient in tahini, but it’s concerning that it’s not always well known or disclosed in the grocery store,” said Son Poblete, of allergy awareness group Food Allergy Research and Education.
“This highlights the need for improved restaurant training and clarification on food allergy labeling.”
Greg said the impact the tahini cookies have had on his family is immeasurable, and that Melissa, who did not want to be interviewed for the story, is still experiencing health issues as a result of the allergic reactions, “seeing multiple doctors.” Greg did not go into detail about what specific symptoms his wife is suffering from.
“At the moment I’m a little scared to eat anything that’s brought in from outside,” Greg said, adding that he cooks most of his meals at home these days.
“Now every time she takes a bite of food, she only takes a little bit at first to see if there’s anything in it. It scares her,” he said.
It was a frightening experience for her four-year-old daughter to see her mother suffer such a severe reaction.
“She was scared,” Greg said, “when she saw that her mom couldn’t breathe.”
Oren Daily Roast did not respond to The Post’s request for comment.