SAN JOSE, Calif. – Braxton Kimura is apprehensive about dining out due to his severe allergies to peanuts, shellfish, and most tree nuts. Even a small exposure could lead to an emergency situation for the California teenager.
“Eating out is definitely really dangerous. It’s something that I try to avoid,” said Kimura, 17, from his San Jose home. “When dining out, I always have my EpiPens with me, and I’m constantly anxious.”
Restaurant dining in California could soon become a little less stressful for Braxton and the growing number of Americans with severe food allergies.
California state legislators are preparing to vote on a bill that would make it mandatory for restaurants to reveal if menu items contain any of the nine prevalent food allergens: milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, sesame, and soybeans.
Restaurants may provide allergen information through various means such as physical menus, an allergen chart, specialized menus, or other printed materials. They may also use a QR code linking to a digital allergen menu. Food trucks and carts would be exempt from these requirements.
The Legislature aims to vote on Senate Bill 68, also known as the Allergen Disclosure for Dining Experiences Act (ADDE), in September. If it passes and gains Gov. Gavin Newsom’s signature, the legislation would be implemented on July 1, 2026.
“It’s genuinely about safeguarding the millions of Californians with allergies like mine,” stated Democratic state Sen. Caroline Menjivar from the San Fernando Valley, who introduced the bill earlier this year.
Menjivar, who is severely allergic to most nuts and fruits, said she’s had to go to the hospital multiple times for anaphylaxis — a life-threatening allergic reaction — to something she accidentally consumed.
The Southern California lawmaker got the idea for the legislation last year while traveling in Europe, which has required restaurants to disclose food allergens since 2014.
Soon after Menjivar returned to the U.S., she was approached about sponsoring legislation by parents whose daughter has severe allergies.
Since then 9-year-old Addie Lao has become the bill’s most visible advocate, appearing in social media videos, news interviews and legislative hearings.
“I want to be able to eat out with my friends and family like everyone else,” the third grader told state senators in Sacramento in April. “I have to avoid the foods I’m allergic to since it’s like poison to my body and can harm me.”
The bill has the backing of numerous groups representing medical practitioners and people who suffer from asthma and allergies.
But the California Restaurant Association opposes the legislation. The group says the law would increase costs and burdens on restaurants that are already struggling with rising food prices, tariffs, labor shortages and cost-conscious consumers.
The restaurant industry wants more flexibility in how allergen information is posted as well as more liability protections.
“You get into a situation where the menu becomes unwieldy and it becomes incredibly impractical and expensive to be constantly converting menus out with each ingredient shift that may occur and the need to do a new allergy notification,” said Matthew Sutton, senior vice president at the California Restaurant Association.
Some restaurant chains — such as Chipotle Mexican Grill, Red Robin Gourmet Burgers and Olive Garden — already post allergen information on their menus.
Brian Hom, who owns two Vitality Bowl restaurants in San Jose, is one of the bill’s biggest backers. His oldest son died on his 18th birthday in 2008 after he accidentally ate peanuts at a resort in Mexico.
This legislation “is going to save lives,” Hom said. “I don’t want to see anybody suffer what my wife and I are suffering.”
An estimated 33 million Americans, including nearly 4 million in California, have at least one food allergy, according to the nonprofit Food Allergy Research and Education (FARE). And the numbers are rising.
Among them is Kimura, who was diagnosed with food allergies at 14 months old when he was rushed to the hospital in anaphylactic shock after eating a peanut off the floor.
“I always have to be cautious,” Kimura said.
Kimura, a high school senior and basketball player, launched an initiative called Beyond the Shell, which produced a documentary called “The Last Bite” that shows what it’s like to live with life-threatening allergies.
Even if SB 68 becomes law, Kimura says he’d still need to talk to restaurant staff to make sure dishes are allergen-free and there’s no cross-contamination, but allergen labels would reduce the stress of eating in restaurants.
“It would kind of give me more of a peace of mind and would overall just create a better environment and more awareness around food allergies as a whole,” Kimura said. “It’s definitely a step in the right direction.”
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