Nutritionist cleared of misconduct for recommending products “containing” lactose and gluten

Nutritionist A was represented by Jonathan Goldring, barrister, instructed by John Williams of Bankside Law before the Complementary and Natural Healthcare Council who regulate various complementary healthcare practitioners including Nutritional therapists.

The case concerned a patient who claimed to be lactose and glucose intolerant. The nutritionist recommended certain products, some of which the Council claimed could have contained gluten such as “barley grass”.

Whilst it was generally accepted that barley grass does not contain gluten, the Council’s case was that the therapist should have known that the grain of barley, wheat and rye does contain gluten and can contaminate other items such as the grass during storage and production.

Bankside Law obtained an expert report that concluded most nutritionists would rely on the product label and would not be expected to know about the risks of potential contamination during the production and storage stages.

In light of this expert evidence the Council decided to offer no evidence no the first day of the hearing and the case was dismissed.