On November 3rd 2017, a three-year-old boy named Elijah-Alavi Silvera attended a daycare center in New York.[1] His caregiver served him a grilled cheese sandwich, despite their knowledge of his severe milk allergy.[2]  Tragically, the grilled cheese sandwich sent Elijah into anaphylaxis, and he died.[3] After this tragic event, many states recognized they needed to make a change. On April 25, 2024, Governor Wes Moore signed into law Maryland House Bill 1195, or Elijah’s Law.[4] Maryland was the fourth state, following New York, Illinois, and Virginia, to pass Elijah’s Law.[5] Before Elijah’s Law, Maryland had no standard of care or set of regulations surrounding food allergies, which affect 8% of all children in the United States.[6] Studies show that one in thirteen children have food allergies, meaning, on average, two children in every classroom have an allergy.[7] Additionally, children from ages 0-4 are at higher risk for experiencing anaphylaxis.[8]

Elijah’s Law requires the Maryland State Department of Education and the Maryland Department of Health to create guidelines that protect children in childcare facilities with food allergies from exposure to allergens.[9] Furthermore, Elijah’s Law requires childcare facilities to create policies regarding food allergies, and it protects employees from civil liability when responding to a reaction.[10] Lastly, Elijah’s Law advises childcare providers to undergo 6 hours of training surrounding medication administration, such as administering an epinephrine pen to a child in anaphylaxis.[11]

It is important to continue to bring to light the dangers of food allergies in childcare settings. After Maryland passed Elijah’s Law, it was introduced in several more states, including Kansas, Michigan, Missouri and Pennsylvania.[12] Elijah’s parents co-founded the Elijah-Alavi Foundation (“EAF”) in 2017 to start spreading awareness of the dangers surrounding children with food allergies.[13] Since its inception, EAF has worked hard to spread Elijah’s Law across the nation.[14] Elijah’s father stated he aims “to ensure that no other family endures the pain [him and his family] have faced.”[15]

Emma Tedder is a third-year law student at the University of Baltimore school of law and a Staff Editor for Law Forum. She received her Bachelor of Arts in Political Science and Dance from the University of Maryland, Baltimore County. Emma has worked as a summer solicitor for Baltimore City Department of Law and currently works as a law clerk for ChasenBoscolo Injury Lawyers. In law school, Emma is the Secretary of the Family Law Association and Head Representative for Themis Bar Prep. She is also a member of the Royal Graham Shannonhouse III Honors Society.

[1] Maryland Becomes Fourth State to Enact Elijah’s Law to Protect Kids with food Allergies, Asthma & Allergy Found. of Am., https://aafa.org/maryland-becomes-fourth-state-to-enact-elijahs-law-to-protect-kids-with-food-allergies/ (last visited Oct. 25, 2024); Victoria Langowska, Maryland’s Governor signs Elijah’s Law, protecting children with allergies, Healio (May 1, 2024), https://www.healio.com/news/allergy-asthma/20240501/maryland-governor-signs-elijahs-law-protecting-children-with-allergies.

[2] Dave Bloom, Elijah’s Law Passes Final Hurdle in Maryland, Will be Signed by Governor Tomorrow, Snacking Safely (Apr. 24, 2024), https://snacksafely.com/2024/04/elijahs-law-passes-final-hurdle-in-maryland-will-be-signed-by-governor-tomorrow/.

[3] Id.

[4] Langowska, supra note 1.

[5] Asthma & Allergy Found. of Am., supra note 1.

[6] Langowska, supra note 1.

[7] California Becomes 5^th State to pass Elijah’s Law, Allergy & Asthma Network (Sept. 27, 2024), https://allergyasthmanetwork.org/news/elijahs-law-food-allergy-states/.

[8] Id.

[9] H.B. 1195, 446^th Gen. Assemb., Reg. Sess. (Md. 2024).

[10] Id.

[11] Id.

[12] Advocating for Elijah’s Law: Protecting Children with Food Allergies in Childcare Settings, Kids with Food Allergies (Apr. 26, 2024), https://community.kidswithfoodallergies.org/blog/elijah-s-law-protecting-children-with-food-allergies-child-care.

[13] Wendy Mondello, Elijah’s Law in Maryland Hailed; Action Urged in Other States, Allergic Living (Apr. 25, 2024), https://www.allergicliving.com/2024/04/25/elijahs-law-in-maryland-hailed-action-urged-in-other-states/#:~:text=Maryland%20Governor%20Wes%20Moore%20signed,reduce%20the%20risk%20of%20anaphylaxis.

[14] Id.

[15] Id.