She Told Royal Caribbean's Crew About Her Hazelnut Allergy. Multiple Employees Assured Her the Pastry Was Safe. It Wasn't.

She had disclosed her allergy. She had asked the crew. Multiple Royal Caribbean employees looked at the pastry and told her it contained only almonds — that it was safe for her to eat.

It also contained hazelnuts. She was allergic to hazelnuts. She suffered an allergic reaction.

According to a lawsuit filed in the Southern District of Florida, on February 11, 2024, Maria Funk visited the Café Promenade aboard Royal Caribbean's Independence of the Seas to select a pastry from the display case. The item was labeled as a "Plain Croissant with Dulce de Leche" — a food she had eaten before without incident. Funk has a severe hazelnut allergy and always carries an EpiPen. She took extra precautions: she asked multiple Royal Caribbean crew members to confirm the pastry did not contain hazelnuts. She was told, by more than one employee, that it contained only almonds.

The pastry was incorrectly labeled. It contained hazelnuts. After consuming it, Funk suffered an allergic reaction requiring Benadryl and follow-up medical treatment after the cruise.

Why This Case Is About More Than One Passenger

The Funk case matters not just for what happened to one passenger — but for what it reveals about a documented, repeating pattern aboard Royal Caribbean ships. In a 2025 case filed in the same Miami federal court, a child passenger was served a peanut-containing dessert despite the family having warned the crew on multiple occasions about her life-threatening peanut allergy. In the 2018 Clem case, a child with a severe gluten allergy was served gluten-based pasta and required two emergency epinephrine doses in the ship's infirmary.

Across these cases, the core failure is the same: a passenger discloses an allergy, a crew member provides a verbal assurance that the food is safe, and the assurance is wrong. That pattern — disclosure, false assurance, injury — is the legal foundation of a negligent misrepresentation claim. When a business tells you something is safe and it isn't, and you rely on that representation and are harmed as a result, the law recognizes your right to compensation.

Why 'I Asked and Was Told It Was Fine' Is Your Strongest Argument

Royal Caribbean's defense in some food allergy cases has pointed to posted signage or general allergy disclaimers as evidence that the company warned passengers. But courts — including federal courts in the Southern District of Florida — have consistently recognized that when a passenger asks directly and receives a direct affirmative answer from a crew member, the passenger is entitled to rely on that answer.

The duty shifts to the business when it actively provides assurance. A sign somewhere on the buffet does not cancel out a crew member looking you in the eye and telling you the food is safe. That verbal assurance is a legal commitment — and breaking it is actionable.

Cruise Ship Claims Have Unique Deadlines — Don't Miss Yours

Virtually every major cruise line — Royal Caribbean, Carnival, Norwegian, Celebrity, MSC — requires that passenger injury claims be brought in the Southern District of Florida, embedded in the terms and conditions of your cruise ticket. The deadline to file suit is typically one year from the date of the incident. Written notice of a claim may be required within six months.

These deadlines are strictly enforced. If you or a family member suffered an allergic reaction aboard a cruise ship, do not wait to consult an attorney.

Do You Have a Case?

If you or someone you love suffered a serious allergic reaction in Florida — at a restaurant, on a cruise ship, at a school, or anywhere else — you may have a legal claim. Florida's statute of limitations for personal injury is two years. The clock is already running.

She had disclosed her allergy. She had asked the crew. Multiple Royal Caribbean employees looked at the pastry and told her it contained only almonds — that it was safe for her to eat.

It also contained hazelnuts. She was allergic to hazelnuts. She suffered an allergic reaction.

According to a lawsuit filed in the Southern District of Florida, on February 11, 2024, Maria Funk visited the Café Promenade aboard Royal Caribbean's Independence of the Seas to select a pastry from the display case. The item was labeled as a "Plain Croissant with Dulce de Leche" — a food she had eaten before without incident. Funk has a severe hazelnut allergy and always carries an EpiPen. She took extra precautions: she asked multiple Royal Caribbean crew members to confirm the pastry did not contain hazelnuts. She was told, by more than one employee, that it contained only almonds.

The pastry was incorrectly labeled. It contained hazelnuts. After consuming it, Funk suffered an allergic reaction requiring Benadryl and follow-up medical treatment after the cruise.

Why This Case Is About More Than One Passenger

The Funk case matters not just for what happened to one passenger — but for what it reveals about a documented, repeating pattern aboard Royal Caribbean ships. In a 2025 case filed in the same Miami federal court, a child passenger was served a peanut-containing dessert despite the family having warned the crew on multiple occasions about her life-threatening peanut allergy. In the 2018 Clem case, a child with a severe gluten allergy was served gluten-based pasta and required two emergency epinephrine doses in the ship's infirmary.

Across these cases, the core failure is the same: a passenger discloses an allergy, a crew member provides a verbal assurance that the food is safe, and the assurance is wrong. That pattern — disclosure, false assurance, injury — is the legal foundation of a negligent misrepresentation claim. When a business tells you something is safe and it isn't, and you rely on that representation and are harmed as a result, the law recognizes your right to compensation.

Why 'I Asked and Was Told It Was Fine' Is Your Strongest Argument

Royal Caribbean's defense in some food allergy cases has pointed to posted signage or general allergy disclaimers as evidence that the company warned passengers. But courts — including federal courts in the Southern District of Florida — have consistently recognized that when a passenger asks directly and receives a direct affirmative answer from a crew member, the passenger is entitled to rely on that answer.

The duty shifts to the business when it actively provides assurance. A sign somewhere on the buffet does not cancel out a crew member looking you in the eye and telling you the food is safe. That verbal assurance is a legal commitment — and breaking it is actionable.

Cruise Ship Claims Have Unique Deadlines — Don't Miss Yours

Virtually every major cruise line — Royal Caribbean, Carnival, Norwegian, Celebrity, MSC — requires that passenger injury claims be brought in the Southern District of Florida, embedded in the terms and conditions of your cruise ticket. The deadline to file suit is typically one year from the date of the incident. Written notice of a claim may be required within six months.

These deadlines are strictly enforced. If you or a family member suffered an allergic reaction aboard a cruise ship, do not wait to consult an attorney.

Do You Have a Case?

If you or someone you love suffered a serious allergic reaction in Florida — at a restaurant, on a cruise ship, at a school, or anywhere else — you may have a legal claim. Florida's statute of limitations for personal injury is two years. The clock is already running.

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If you think you may have a case, Consumer Rights Law, PLLC offers free consultations and works on contingency — you pay nothing unless we win. Call (786) 360-7697 or visit consumerrights.law.

Consumer Rights Law, PLLC — Prior results do not guarantee similar outcomes. This content is for informational purposes only and does not constitute legal advice or create an attorney-client relationship.