Southwest Airlines - Order 2026-3-9

On November 16, 2022, Allergy & Asthma Network, Asthma and Allergy Foundation of America, Food Allergy & Anaphylaxis Connection Team, and No Nut Traveler (collectively, the Complainants) filed a joint, third-party complaint against Southwest Airlines Co. (Southwest). The Complainants allege that Southwest is violating the Air Carrier Access Act (ACAA), 49 USC 41705, and the Airline Passengers with Disabilities Bill of Rights by not permitting passengers with food allergies to preboard to wipe down seating areas.

Pursuant to 14 CFR § 302.406(a)(2),we dismiss the complaint. This dismissal is based on the U.S. Department of Transportation’s (Department) finding that Southwest has restored preboarding eligibility for passengers with nut allergies. Furthermore, with respect to non-nut food allergies, the Department finds that existing regulations and prior enforcement orders have not provided carriers with fair notice that the preboarding protections must be extended to those with any severe food allergy. The Department determines that such an expansion of carrier obligations is more appropriately addressed through notice-and-comment rulemaking rather than individual adjudication.