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tescos food out of date by 4 months

  • 10-07-2008 9:49pm
    #1
    Closed Accounts Posts: 11


    I bought a packet of dried fruit from tescos yesterday and after eating some of it noticed that the best before date was march 2008. i took it back to store and they gave refund, and customer services contacted me stating they are awaiting info from their supplier before any action is taken.
    Surely it was tescos fault at not checking the best before dates on the items they are selling?


«1

Comments

  • Closed Accounts Posts: 162 ✭✭dizzydiesel


    peelaaa wrote: »
    I bought a packet of dried fruit from tescos yesterday and after eating some of it noticed that the best before date was march 2008. i took it back to store and they gave refund, and customer services contacted me stating they are awaiting info from their supplier before any action is taken.
    Surely it was tescos fault at not checking the best before dates on the items they are selling?

    This has happened to me laods of times. Highlighted it to the customer service rep, however they weren't too bothered with it. Almost felt as if it was my fault for not checking the dates.

    I always check tesco dates now.....still find items out of date.....most lately Naan Bread mouldy in a plastic sealed packet.......the whole box! I informed the staff, the following week there were still a few "old-mouldy" Naans in the box! Wasting my time!


  • Closed Accounts Posts: 11 peelaaa


    Haven't noticed this so much in other main supermarkets such as dunnes and superquinn, the tescos branch which is in ashbourne I have noticed out of day items quite a lot. I am thinking twice about shopping ther now. I wish they would **** off back to britain, ( and I am I british too!!)
    Superquinn is far superior imho.


  • Registered Users, Registered Users 2 Posts: 3,494 ✭✭✭JohnC.


    peelaaa wrote: »
    Surely it was tescos fault at not checking the best before dates on the items they are selling?

    Some things can be merchandised by others, like agencies or representatives of the supplier. They are supposed to check dates on their stuff. Though Tesco should be checking them too and four months is a bit much.


  • Posts: 0 [Deleted User]


    Didn't Dunnes get done for having so much out of date produce on the shelves Last year?


  • Closed Accounts Posts: 16,801 ✭✭✭✭Gary ITR


    Tesco are a disaster when it comes to stock rotation. Thet spend zero training their staff and only worry about wastage


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  • Site Banned Posts: 5,904 ✭✭✭parsi


    Tonight in Mahon Point all their Brittany Butter was past their display date and 1 day short of best before..


  • Registered Users, Registered Users 2 Posts: 5,517 ✭✭✭axer


    peelaaa wrote: »
    I bought a packet of dried fruit from tescos yesterday and after eating some of it noticed that the best before date was march 2008. i took it back to store and they gave refund, and customer services contacted me stating they are awaiting info from their supplier before any action is taken.
    Surely it was tescos fault at not checking the best before dates on the items they are selling?
    It is possible that it came in out of date in a shipment thus they are awaiting to see what their supplier says.

    It is up to the consumer to check that items are in date before purchase (even though they would generally give a refund as they did in this case) because it is pretty much impossible to ensure 100% of stock is in date i.e. there will always be one or two that slip by.


  • Registered Users, Registered Users 2 Posts: 2,429 ✭✭✭brettmirl


    peelaaa wrote: »
    Haven't noticed this so much in other main supermarkets such as dunnes and superquinn, the tescos branch which is in ashbourne I have noticed out of day items quite a lot. I am thinking twice about shopping ther now. I wish they would **** off back to britain, ( and I am I british too!!)
    Superquinn is far superior imho.

    Noticed that too. I rarely shop in there now. Plus the staff are not the nicest in there either.

    I find the SuperValu or Dunnes in Ashbourne far better...and cheaper!


  • Closed Accounts Posts: 199 ✭✭deisebabe


    thats gross. surely the store should be checking use by dates as well as consumers?

    I think of all the major stores that tescos are the worst for this. The stores in clondalkin and tallaght are a disgrace.


  • Registered Users, Registered Users 2 Posts: 2,538 ✭✭✭sunny2004


    axer wrote: »
    It is possible that it came in out of date in a shipment thus they are awaiting to see what their supplier says.

    It is up to the consumer to check that items are in date before purchase (even though they would generally give a refund as they did in this case) because it is pretty much impossible to ensure 100% of stock is in date i.e. there will always be one or two that slip by.


    I actually thought it was a once off with you in the thread I posted about Tall people flying but it seems you do in fact try and take the opposite stance on most of your posts :) and they are in fact devout of any real logic or help to the OP's.

    Granted you know little about flying for such a well traveled man RE; But here you go again..

    It is in fact not up to the Consumer to check dates, it is in fact a health and safety issue. Hence they cant refuse a refund ! the reason for this is products carry one or two dates from a pool of 3 options.

    1 Display date.. this is like a warning for idiots to remove or track product... in this case a supermarket.. Supermarkets use POS systems that track all products and sales. they know the stuff is on the shelf .

    2 Best Before date.. the one we all know and love :) the clue is in the name..
    Best Before is really short for "this product might cause harm or serious illness when its ingredients break down. Case in point Eggs :) think about it !

    3 Use by date.. this date is for the consumer once they return home.. I don't need to explain this one.

    The supermarket is responsible if a product is out of date.. Period ! :) and people like myself and the op should simply complain and then if possible not purchase items from shops that do in fact not track product or care to remove them. Would you like your child buying something out of date and eating it ? or someone who cant read ? or those blind people again ;) Its not the Customers problem its the shops problem :) hello....

    Mold can kill you ;)

    axer, you either just take the radical opposite position on posts for the hell of it or you in fact think that bad customer service is in fact a way of life and we should accept it :) Thats OK.. I will champion better services for you ! :) truly.. leave it to others :)

    For the op, I once bought chicken from a supermarket that was 10 miles away from the house. I rang them after opening the packet, the smell nearly killed me and the dog. The manager, who knew me to see and accepted I was a good customer instructed me to return to the shop. in other words drive 20 miles.
    I explained I was not prepared to do this as I was unable to for a number of days and was equally not prepared to keep the rotten product in my house.
    Quick version.
    I posted it to him !, he returned postage and cost in vouchers, I returned them stating that I had in fact payed cash. we argued, ahhhhhhhhhhhh bless him, I then charged him for my time. A rather radical move and suggested the small claims court. my decision was based on the fact that he lost sight of who was the Good customer" and who was "wronged" the final bill was over 100 euros.. head office settled... I still use the supermarket as its handy. and on more than one occasion the manager has smiled and joked that my products were in date :) To which I reply, with a smile, thats one hell of an expensive chicken you bought ! :) I have never checked a date in the shop again. its no longer an issue. they have systems there and they are now using them.

    The moral is simple. you accept bad service and you deserve it ! period..
    Im off for a chicken burger, anyone want chips ?? ;)


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  • Registered Users, Registered Users 2 Posts: 5,517 ✭✭✭axer


    sunny2004 wrote: »
    I actually thought it was a once off with you in the thread I posted about Tall people flying but it seems you do in fact try and take the opposite stance on most of your posts :) and they are in fact devout of any real logic or help to the OP's.
    I am trying to make sense of what the shop told the OP about them contacting the supplier. I am not going against anyone.
    sunny2004 wrote: »
    Granted you know little about flying for such a well traveled man RE; But here you go again..
    What has flying got to do with this thread?
    sunny2004 wrote: »
    It is in fact not up to the Consumer to check dates, it is in fact a health and safety issue. Hence they cant refuse a refund ! the reason for this is products carry one or two dates from a pool of 3 options.
    If you want to be 100% certain of never getting a product that is already gone off then it is up to the consumer to check this as it is impossible to ensure that 100% of stock on display is in date. Granted a shop will always refund on the out of date product but thats as far as they are expected to go on the matter i.e. they are not obliged to pay any compensation for loss of time etc.
    sunny2004 wrote: »
    1 Display date.. this is like a warning for idiots to remove or track product... in this case a supermarket.. Supermarkets use POS systems that track all products and sales. they know the stuff is on the shelf .
    From what I know the supermarkets do not keep track of dates of products on display via pos. They just keep track of the numbers.
    sunny2004 wrote: »
    axer, you either just take the radical opposite position on posts for the hell of it or you in fact think that bad customer service is in fact a way of life and we should accept it :) Thats OK.. I will champion better services for you ! :) truly.. leave it to others :)
    I think you need to take a chill pill :)
    sunny2004 wrote: »
    For the op, I once bought chicken from a supermarket that was 10 miles away from the house. I rang them after opening the packet, the smell nearly killed me and the dog. The manager, who knew me to see and accepted I was a good customer instructed me to return to the shop. in other words drive 20 miles.
    I explained I was not prepared to do this as I was unable to for a number of days and was equally not prepared to keep the rotten product in my house.
    It is not the shops problem how far you live from the shop. There is no legal requirement for them to care about that.
    sunny2004 wrote: »
    Quick version.
    I posted it to him !, he returned postage and cost in vouchers, I returned them stating that I had in fact payed cash. we argued, ahhhhhhhhhhhh bless him, I then charged him for my time. A rather radical move and suggested the small claims court. my decision was based on the fact that he lost sight of who was the Good customer" and who was "wronged" the final bill was over 100 euros.. head office settled... I still use the supermarket as its handy. and on more than one occasion the manager has smiled and joked that my products were in date :) To which I reply, with a smile, thats one hell of an expensive chicken you bought ! :) I have never checked a date in the shop again. its no longer an issue. they have systems there and they are now using them.
    The manager was doing you a favour by doing all of this by post. Did you want him to send cash via the post? You had no right under law to a remedy for any more cash than the cost of the product. They were probably just sick of the hassle. It is silly not to check the dates of products being purchased.


  • Registered Users, Registered Users 2 Posts: 4,537 ✭✭✭joseph brand


    Tesco seems like the old Crazy Prices from years ago. "Pile it high, sell it cheap!"

    Never a pleasant experience to shop here. The staff have the look in their eyes that says, "Kill me!".

    Supervalu or Superquinn.

    Supervalu in Johnstown, Navan has some of the nicest, friendliest girls working there. Anyone of them could win the lovely girls competition, they certainly get my vote. :D


  • Registered Users, Registered Users 2 Posts: 2,538 ✭✭✭sunny2004


    axer wrote: »
    It is not the shops problem how far you live from the shop. There is no legal requirement for them to care about that.
    The manager was doing you a favour by doing all of this by post. Did you want him to send cash via the post? You had no right under law to a remedy for any more cash than the cost of the product. They were probably just sick of the hassle. It is silly not to check the dates of products being purchased.

    Only quoting this because the other points are not worth bothering about, with the exception of the flight thread, its relevence is that you in fact give advice as if its fact :) then do a u-turn when you realise you dont know what you are talking about. You didnt know the regulations regarding emergence seats but continued de-railing a thread with your unfounded advice. then posted the regulations I gave you. ???
    Again here :) your advice is wrong.. :) you said you are only entitled to the cost price.. ahhhhhhhhhh natural justice :) look it up. A judge can award you anything in the small claims court, and if you step up from the small claims court you could be awarded millions. :) say your child eats an egg product and is hospitalised,,, so you are yet again wrong.. but dont worry, you have people like me protecting you from rotten food :)

    Head office folded because they knew this :) simple as that. and as I explained to them, if they treat me unreasonably then expect a reaction. I am a very reasonable man, if the manager had simply sent me a check.. READ IT AGAIN.. I never said post me cash I simply wanted money.. I said I PAID IN CASH.. and wanted money not vouchers.. geezzz do I need to explain everything..

    Lets not get to a point AGAIN wher eI have to tell you are RIGHT and wonderful.. ;)


  • Registered Users, Registered Users 2 Posts: 2,538 ✭✭✭sunny2004


    Never a pleasant experience to shop here. The staff have the look in their eyes that says, "Kill me!".
    :D
    Great line, True and very funny ! ;)


  • Registered Users, Registered Users 2 Posts: 5,517 ✭✭✭axer


    sunny2004 wrote: »
    Only quoting this because the other points are not worth bothering about, with the exception of the flight thread, its relevence is that you in fact give advice as if its fact :) then do a u-turn when you realise you dont know what you are talking about.
    You didnt know the regulations regarding emergence seats but continued de-railing a thread with your unfounded advice. then posted the regulations I gave you. ???
    Maybe thats because you didnt read my posts. Emergency exits are not the only seats with extra legroom. Take it to "I'm discrimminated against because I am tall" thread if you want to argue this.:)
    sunny2004 wrote: »
    Again here :) your advice is wrong.. :) you said you are only entitled to the cost price.. ahhhhhhhhhh natural justice :) look it up. A judge can award you anything in the small claims court, and if you step up from the small claims court you could be awarded millions. :) say your child eats an egg product and is hospitalised,,, so you are yet again wrong.. but dont worry, you have people like me protecting you from rotten food :)
    You did not eat the rotten food so how would you be awarded any more than the cost of the product? Did you claim pyscological damages or something? Please read my posts before making your own little story up.:)
    sunny2004 wrote: »
    Head office folded because they knew this :) simple as that
    They probably knew that it was more hassle than it was worth :)
    sunny2004 wrote: »
    and as I explained to them, if they treat me unreasonably then expect a reaction. I am a very reasonable man, if the manager had simply sent me a check.. READ IT AGAIN.. I never said post me cash I simply wanted money.. I said I PAID IN CASH.. and wanted money not vouchers.. geezzz do I need to explain everything..
    Yes, because I wasn't there so how do I know what you want.:) If you are such a good customer and the manager knew you to see then you must go there regularly (or is there another reason he knows you to see). If that is the case then could you not have picked up the cash then?
    sunny2004 wrote: »
    Lets not get to a point AGAIN wher eI have to tell you are RIGHT and wonderful.. ;)
    Yes, lets not get to that silly "I can't argue my point so I will be sarcastic instead" stage.:)

    Please calm down and just argue a point if you have one and not to try and attack me instead. Play the ball and not the man.


  • Registered Users, Registered Users 2 Posts: 33,518 ✭✭✭✭dudara


    sunny2004 wrote:
    I actually thought it was a once off with you in the thread I posted about Tall people flying but it seems you do in fact try and take the opposite stance on most of your posts and they are in fact devout of any real logic or help to the OP's.

    Granted you know little about flying for such a well traveled man RE; But here you go again..

    sunny2004 Consider yourself warned for attacking another poster. That is not permitted here.

    axer You should know better.

    Both of you, stop this squabbling. Argue using logic and reason, or else take it to PM.

    dudara


  • Registered Users, Registered Users 2 Posts: 2,538 ✭✭✭sunny2004


    @ Dudara no problem... I had in fact abandoned the conversation with that individual in the previous thread but felt the need to at least let the op know the advice was not based on facts. I am happy to not reply to the comments made by him above..

    @ at the op, as mentioned earlier the current legal situation is simply the same no matter what you hear, and they will fold every time. you are entitled to claim anything reasonable. the legal term is natural justice. If you are in the right and have the stomach for it then all will be good.

    I am not suggesting and did not suggest that you go in all guns blazing. but at the end of the day if you are disrespected or they fail to do the morally correct thing the you have to make a decision, walk or fight your point.
    I HAVE NEVER HAD TO STAND IN FRONT OF A JUDGE WITH ANY RETAILER ! :)


  • Registered Users, Registered Users 2 Posts: 1,289 ✭✭✭Scottie99


    I must admit I like Tesco's but Tesco Ireland has nothing on Tesco UK. The standards seem quite a bit lower!


  • Registered Users, Registered Users 2 Posts: 471 ✭✭Clytus


    Im finding this thread slightly amusing....as regards Tesco bashing.
    Tesco "inflict" uopon thier suppliers some of the strictest,most stringent codes of manufacturing standards anywhere.They have a team of technical people that decend on supplier sites without notice to conduct full hygeine,GMP and HACCP audits....if you had access to the Tesco Technical Library online you will see just how important product safety and qulaity is to the company.
    1 Display date.. this is like a warning for idiots to remove or track product... in this case a supermarket.. Supermarkets use POS systems that track all products and sales. they know the stuff is on the shelf .
    TBH...I really dont think Iv ever seen a "Display" date on a product...and what ifo would such a label give the consumer??
    2 Best Before date.. the one we all know and love the clue is in the name..
    Best Before is really short for "this product might cause harm or serious illness when its ingredients break down. Case in point Eggs think about it !
    Sorry...but your wrong there...Best Before simple means as it reads...post the date displayed the product has just passed its "Best"....serious illness or worse will not be a factor in consuming foods after thier best before.
    Use by date.. this date is for the consumer once they return home.. I don't need to explain this one.
    This is a serious product information label!!!!...Its this one that informs the consumer that the product must be used by the date displayed for reasons of product safety.
    Mold can kill you
    if i remember rightly...mould wont kill....but the toxins prouced by some types of moulds can cause serious illness.


    Look...when its comes to retailing theres very often a human element in the chain....and people being people can make mistakes,not do thier job correctly and could be just bone lazy......but things like what happened to the OP can happen.


  • Registered Users, Registered Users 2 Posts: 3,494 ✭✭✭JohnC.


    Clytus wrote: »
    TBH...I really dont think Iv ever seen a "Display" date on a product...and what ifo would such a label give the consumer??

    Display dates are often on fruit and veg. Not sure if they are used elsewhere.


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  • Closed Accounts Posts: 4,442 ✭✭✭Firetrap


    All the supermarkets are guilty of selling produce that's out of date, not just Tesco. I still shudder when I think of the ham I bought from a Dunnes Stores a couple of months ago what was about a fortnight out of date. If I didn't notice the date before opening it, I certainly noticed the smell once I did :eek: Same thing has happened to me with Superquinn - it's certainly taught me to watch the dates.


  • Registered Users, Registered Users 2 Posts: 2,538 ✭✭✭sunny2004


    Clytus wrote: »
    TBH...I really don't think Iv ever seen a "Display" date on a product...and what ifo would such a label give the consumer??


    Sorry...but your wrong there...Best Before simple means as it reads...post the date displayed the product has just passed its "Best"....serious illness or worse will not be a factor in consuming foods after their best before.


    This is a serious product information label!!!!...Its this one that informs the consumer that the product must be used by the date displayed for reasons of product safety.


    if i remember rightly...mould wont kill....but the toxins prouced by some types of moulds can cause serious illness.

    QUOTE]


    ___________________________________________________
    you have never seen display by dates ? thank heavens someone else has, I was worried about my eyesight ;)

    You can eat anything that is beyond its best before date ? ? I have a tin of Sardines that are just over 2 years out of date. Fancy a sandwich ;)

    So mold is ok ? ;) come on, please take what I wrote in context.

    all is good, I think its semantics. but I am happy to send on the sardines as a friendly gesture ;)


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    The wife just bought "Soda Stream Diet Tonic Water" syrup in Tesco Dundrum- 2 years and 5 months out of date....... I should have suspected something- as I have no idea when I last saw Soda Stream products of any nature for sale anywhere here or in the UK. I really couldn't be arsed driving back to Dundrum- it'd cost me more in diesel than the syrup originally cost......

    Do they not check the dates on products at all?

    Re: Superquinn- last Saturday I had to point out to a staff member in the Fruit and Veg section in Superquinn that the entire crate of peaches that he was pricing at 2 for a fiver had random numbers of mouldy fruit per carton...... At least the customer services in there are a pleasure to deal with- they really could teach all the other retailers a thing or two about staff training.......


  • Registered Users, Registered Users 2 Posts: 41,348 ✭✭✭✭Boggles


    axer wrote: »
    It is up to the consumer to check that items are in date before purchase (even though they would generally give a refund as they did in this case) because it is pretty much impossible to ensure 100% of stock is in date i.e. there will always be one or two that slip by.

    What utter nonsense. Whatever shortcomings the store have in making sure to keep it's stock up to date, it is no fault of the customer if they buy food that is gone off.

    I can just imagine the carnage that would insue if some people I knew arrived back to a store with a gone off product to be met with the manager tutting and stating it was there fault and they should have checked the date.


  • Closed Accounts Posts: 3,418 ✭✭✭Jip


    The staff have the look in their eyes that says, "Kill me!".

    As I said in another thread, I've have previous dealings with the 2 main multiples in Ireland and Tesco are by far the best to work for compared to Dunnes.


  • Registered Users, Registered Users 2 Posts: 5,517 ✭✭✭axer


    Boggles wrote: »
    What utter nonsense. Whatever shortcomings the store have in making sure to keep it's stock up to date, it is no fault of the customer if they buy food that is gone off.
    How hard is it for people to check dates? I always check dates of goods before purchasing and choose the goods that have the furthest best before (etc.) date - isn't that partly why they are there? If the goods are gone off inside the date shown then that would be a completely different story.

    I would think that a regular prudent person would always check the dates of items before purchasing. I would also expect the prudent person to quickly check cans for dents etc. or any obvious product deformity.

    It is, in my opinion, pretty much impossible to 100% ensure that products are not gone passed their sell by date 100% of the time. There will always be some that slip through the cracks of a human "prone to error" system.
    Boggles wrote: »
    I can just imagine the carnage that would insue if some people I knew arrived back to a store with a gone off product to be met with the manager tutting and stating it was there fault and they should have checked the date.
    A shop is going to replace the item generally but then what is stopping me buying a product say a packet of shaws ham. Then having forgotten about it in the back of the fridge it goes off. Then I go back to the shop purchase a new packet of the exact same shaws ham. I then return to the shop with the item that had gone off due to my own fault with my new receipt and claim a refund. Am I entitled to a refund? No. Will I get a refund? I'd say so.


  • Registered Users, Registered Users 2 Posts: 41,348 ✭✭✭✭Boggles


    axer wrote: »
    How hard is it for people to check dates? I always check dates of goods before purchasing and choose the goods that have the furthest best before (etc.) date - isn't that partly why they are there? If the goods are gone off inside the date shown then that would be a completely different story.

    I would think that a regular prudent person would always check the dates of items before purchasing. I would also expect the prudent person to quickly check cans for dents etc. or any obvious product deformity.

    Irrelevant to your arguement. Buyer Beware is more advice than law. Certainly does not superseed Goods of Merchantable quality, etc.. But I assume you are well aware of that, so I don't understand why you have to argue the point.
    axer wrote: »
    It is, in my opinion, pretty much impossible to 100% ensure that products are not gone passed their sell by date 100% of the time. There will always be some that slip through the cracks of a human "prone to error" system.

    Again short comings of the business is nothing to do with the consumer.
    axer wrote: »
    A shop is going to replace the item generally but then what is stopping me buying a product say a packet of shaws ham. Then having forgotten about it in the back of the fridge it goes off. Then I go back to the shop purchase a new packet of the exact same shaws ham. I then return to the shop with the item that had gone off due to my own fault with my new receipt and claim a refund. Am I entitled to a refund? No. Will I get a refund? I'd say so.

    Nothing is stopping you, this is dishonesty and a completely different topic.


  • Registered Users, Registered Users 2 Posts: 5,517 ✭✭✭axer


    Boggles wrote: »
    Irrelevant to your arguement. Buyer Beware is more advice than law. Certainly does not superseed Goods of Merchantable quality, etc.. But I assume you are well aware of that, so I don't understand why you have to argue the point.
    I never said it was law. I said if you want to ensure that you never get any goods out of date then it is up to the consumer to check the date which is clearly written on each item since I do not think a system that relies on humans is ever going to be 100.00% perfect.

    The OP stated that he/she got his/her refund as he/she is entitled to by law and I never said that he/she was not entitled to it.
    Boggles wrote: »
    Again short comings of the business is nothing to do with the consumer.
    It is the reality of the situation. It is the shortcomings of humans since it happens in, I would think, every shop.


  • Registered Users, Registered Users 2 Posts: 41,348 ✭✭✭✭Boggles


    I never said it was law. I said if you want to ensure that you never get any goods out of date then it is up to the consumer to check the date which is clearly written on each item since I do not think a system that relies on humans is ever going to be 100.00% perfect.

    You implied that fault lay at the consumer if they purchased food that was out of date, and the store would be doing them a favour if they replaced or refunded the product. What about consumers that are innumerate or have sight difficulties?
    It is up to the consumer to check that items are in date before purchase (even though they would generally give a refund as they did in this case)

    It is the reality of the situation. It is the shortcomings of humans since it happens in, I would think, every shop.

    When is comes to a business it doesn't matter if it is the shortcomings of humans, cyborgs or the managers dog, the business is always 100% at fault in this case.

    To imply anything else like you did is wrong.


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  • Registered Users, Registered Users 2 Posts: 5,517 ✭✭✭axer


    Boggles wrote: »
    You implied that fault lay at the consumer if they purchased food that was out of date, and the store would be doing them a favour if they replaced or refunded the product. What about consumers that are innumerate or have sight difficulties?
    I said generally i.e. unless they suspected the scam I outlined above. Generally they would replace the item without question. People that are innumerate or have sight difficulties are always going to have problems either way thus are always more susceptible to problems.
    Boggles wrote: »
    When is comes to a business it doesn't matter if it is the shortcomings of humans, cyborgs or the managers dog, the business is always 100% at fault in this case.

    To imply anything else like you did is wrong.
    One could argue that under the sale of goods act 1980 the consumer had time to inspect the goods before purchase thus had ample opportunity to check the date on the product and still chose to purchase the item. I don't think any shop would argue that though or they would lose business fast.

    Whilst I agree they are 100% at fault and a replacement product was due, the reality is that the only way to ensure that a consumer does not end up with an item out of date is to check the date of the item before purchasing. It is there for a reason and it is not that hard for the regular prudent person to do.


  • Registered Users, Registered Users 2 Posts: 41,348 ✭✭✭✭Boggles


    axer wrote: »
    One could argue that under

    I'm sure you could...
    axer wrote: »
    Whilst I agree they are 100% at fault and a replacement product was due

    Nuff Said...


  • Registered Users, Registered Users 2 Posts: 2,782 ✭✭✭P.C.


    Why would you buy fresh produce without checking the dates, or condition of the product?
    I am not saying that you must check the dates of everthing you purchase, but the frest stuff such as fruit, veg, meat, milk and the such like.
    At the same time, I do understand that you can buy something that is in date, but has gone bad.

    I am not taking the retailers side, but I think that you should check the dates just for yourself. I understand mistakes happen.


  • Registered Users, Registered Users 2 Posts: 5,517 ✭✭✭axer


    Boggles wrote: »
    I'm sure you could...
    Yes one could considering it says this in the sale of goods act regarding merchantable quality:
    (2) Where the seller sells goods in the course of a business there is an implied condition that the goods supplied under the contract are of merchantable quality, except that there is no such condition
    ( a ) as regards defects specifically drawn to the buyer's attention before the contract is made, or
    ( b ) if the buyer examines the goods before the contract is made, as regards defects which that examination ought to have revealed.
    Just for your information.


  • Closed Accounts Posts: 60 ✭✭Charcoal


    It is not illegal to sell food in Ireland that is past it's sell by date provided it is in fully acceptable condition.

    Source: http://www.citizensinformation.ie/categories/health/environmental-health/food_labelling

    There is a huge difference between a "Use-by" date, typically used in products with a shelf-life of less than 21 days. To consume food past its "use-by" date can pose serious health risks.

    However, a best-before date is an indication of when the quality of the product is no longer guaranteed, but will not pose health risks if consumed after it passes.

    Manufacturers typically undergo shelf-life testing on their products and will err on the side of caution.

    As a regular shopper and someone who works in the food industry, I can tell you that I ALWAYS check the dates on ANY food products that I buy, and I root to the back of the shelf to get the best date available.

    Some poster (sorry, too lazy to go back) mentioned Tesco's stringent supplier controls and I can tell you that they are feared in the food industry. They are that tough.


  • Closed Accounts Posts: 10 dsheppard@eirco


    I bought baby food on Friday in Tesco's in Asbourne, within 30 mins of buying it, i fed it to my 6 month old daughter , and within 2-3 hours, she had dirrohea and vomiting, went through what she had eatin that day and found the packaging for the babyfood which was out of date by 2 months, called the manager who was disgusted and very apologetic and told me he would cover the cost of doctors etc, and told me he would get general manager to call me the next day which was saturday and no one has called me, its sunday evening and i have put down an awful weekend with my baby, i ended up having to take her off her normal formula and solids and give her water only, through the night fri-sat because she couldn't keep anything down, :mad: im exhausted but furious that tesco's never got back to me to see if my daughter was ok, i told the manager that i spoke with on friday that the doc on call said i may have to bring her to temple st if i cant keep her hydrated, i was sick myself with worry. Anyway she seems to be ok now and whatever toxins that were in her body are gone, but i dont know what to do about the matter, the babyfood i bought had 2 jars of the food in a packet so i have one jar left over and i have my original receipt, im just wondering are they not contacting me because they think i cant prove i bought the babyfood there, surly the barcode on the packaging sould prove i got it there.
    and for anyone suggesting i should have checked the dates I KNOW NOW, but i normally do check dates, but if you are doing a weeks shopping you cant check every date and if something is not fresh or refridgerated, you expect its going to be in date. anyway any advice would be appreciated.


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  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    I bought baby food on Friday in Tesco's in Asbourne, within 30 mins of buying it, i fed it to my 6 month old daughter , and within 2-3 hours, she had dirrohea and vomiting, went through what she had eatin that day and found the packaging for the babyfood which was out of date by 2 months, called the manager who was disgusted and very apologetic and told me he would cover the cost of doctors etc, and told me he would get general manager to call me the next day which was saturday and no one has called me, its sunday evening and i have put down an awful weekend with my baby, i ended up having to take her off her normal formula and solids and give her water only, through the night fri-sat because she couldn't keep anything down, :mad: im exhausted but furious that tesco's never got back to me to see if my daughter was ok, i told the manager that i spoke with on friday that the doc on call said i may have to bring her to temple st if i cant keep her hydrated, i was sick myself with worry. Anyway she seems to be ok now and whatever toxins that were in her body are gone, but i dont know what to do about the matter, the babyfood i bought had 2 jars of the food in a packet so i have one jar left over and i have my original receipt, im just wondering are they not contacting me because they think i cant prove i bought the babyfood there, surly the barcode on the packaging sould prove i got it there.
    and for anyone suggesting i should have checked the dates I KNOW NOW, but i normally do check dates, but if you are doing a weeks shopping you cant check every date and if something is not fresh or refridgerated, you expect its going to be in date. anyway any advice would be appreciated.

    i would say contact a solicitor as tesco's have probably done the same and have probably been told not to contact you in case it is seen as admission of liability.


  • Closed Accounts Posts: 10 dsheppard@eirco


    I thought the same, if they rang me they were admitting libability, but the manager there already said he would cover the cost of doctor etc, i had to call doc on call which is free, but it ment me feeding her 2 ozs of water every 2 hrs over the course of 24 hours to keep her hydrated so i wouldn't have to bring her to temple st. i wonder is it worth me contacting a solicitor.


  • Registered Users, Registered Users 2 Posts: 5,517 ✭✭✭axer


    I thought the same, if they rang me they were admitting libability, but the manager there already said he would cover the cost of doctor etc, i had to call doc on call which is free, but it ment me feeding her 2 ozs of water every 2 hrs over the course of 24 hours to keep her hydrated so i wouldn't have to bring her to temple st. i wonder is it worth me contacting a solicitor.
    Do you mind me asking, do you not check the date on food before using? It is a very important food safety thing to do.

    I would wonder if there is any case for legal action against the tescos since the date was clearly correct on the item.


  • Closed Accounts Posts: 10 dsheppard@eirco


    if i had checked i would never had given it to my baby, oh the date was correct, as in 2 months out of date, but what was it doing on the shelves. is it legal to sell out of date baby food.


  • Registered Users, Registered Users 2 Posts: 5,517 ✭✭✭axer


    if i had checked i would never had given it to my baby, oh the date was correct, as in 2 months out of date, but what was it doing on the shelves. is it legal to sell out of date baby food.
    I don't think you can fault them for not coming back to see if your daughter was ok. The manager said he would cover the medical costs which is fair enough imo. Its not his fault that there were none. You could go back in and get a refund for the food with the receipt.

    If you want to complain then you should contact the Food Safety Authority. Was it a best before date or a use by date on the product?

    At least you learnt your lesson without any long term damage. Even if you check the dates when purchasing - it is even more important to check them before consumption.


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  • Registered Users, Registered Users 2 Posts: 1,066 ✭✭✭thewheel2.0


    Ha comical i know people who work in tesco must give em sh!t for this....


  • Closed Accounts Posts: 10 dsheppard@eirco


    the manager also said they would call on saturday and they never did, so i wouldn't have held my breath about medical costs if there were any.
    it was use by date, and if you read my original posting i said i do check dates normally, but i wont be shopping there again anyway,
    I did learn a hard lesson and thankfully without any long term damage, but can i say to (thewheel2.0) there was nothing comical about having to feed my baby 1oz of water every hour through the night on friday, or my daughter coming out in blisters on her bum from dirrohea TMI i know!
    But i will be checking all food from now on.


  • Closed Accounts Posts: 3,418 ✭✭✭Jip


    I didn't think you could get sick from food poisoning within 30 minutes, maybe it's different for a baby but an adult doesn't.


  • Closed Accounts Posts: 954 ✭✭✭marti101


    Contact a soliciter if not for your baby but the next who mightnt be so lucky.They didnt call back in case its an admission of guilt but i would go see a sooliciter they will tell you if theres a case.


  • Closed Accounts Posts: 10 dsheppard@eirco


    She ate the food at approx 3:30pm, and wasn't sick until 6:30pm, I fed her the food within 30 minutes of buying it alright, but she wasn't sick for 3 hours.


  • Registered Users, Registered Users 2 Posts: 2,538 ✭✭✭sunny2004


    axer wrote: »
    I don't think you can fault them for not coming back to see if your daughter was ok. .

    Its really great to know that you would be so understanding if it was your child who was fed the food :) You are the most understanding poster here, its never from what I can tell the retailers fault with you, and here again with a child involved you seem to think the shop are not responsible. in addition you then add insult to injury by saying you cant blame them (tesco)for not coming back (as agree by the manager) to the mother to check on the child..

    again I state you take the opposite view on complaints here. There is a case and if it was my son who was fed the food by someone in my house, say my mum picked up the food without here glasses.. then Tescos would be simply bowing to my demands.

    as I stated before, you act like a doormat then people walk on you, you act like a fool and they will also wipe their feed on you.. You accept bad service and they will poison your child.. come on... :confused:


  • Registered Users, Registered Users 2 Posts: 5,517 ✭✭✭axer


    sunny2004 wrote: »
    Its really great to know that you would be so understanding if it was your child who was fed the food :) You are the most understanding poster here, its never from what I can tell the retailers fault with you, and here again with a child involved you seem to think the shop are not responsible. in addition you then add insult to injury by saying you cant blame them (tesco)for not coming back (as agree by the manager) to the mother to check on the child..
    Its not about me so there is no need to attack me. I don't think the manager has to come back and check on the child. A manager would presume that both the mother and medical officers would be the ones to do that. How do you know but an emergency came up that took up the managers time?
    sunny2004 wrote: »
    again I state you take the opposite view on complaints here. There is a case and if it was my son who was fed the food by someone in my house, say my mum picked up the food without here glasses.. then Tescos would be simply bowing to my demands.
    I do don't I :rolleyes: I give my opinion which I am entitled to do. If you don't like it then disagree and give your opinion but their is no need to make it personal.
    sunny2004 wrote: »
    as I stated before, you act like a doormat then people walk on you, you act like a fool and they will also wipe their feed on you.. You accept bad service and they will poison your child.. come on...
    wow


  • Registered Users, Registered Users 2 Posts: 41,348 ✭✭✭✭Boggles


    axer wrote: »
    At least you learnt your lesson without any long term damage. Even if you check the dates when purchasing

    She learned her lesson? Are you for real?

    The store supplied her with poison for her child and you claim that she was some way responsible???

    The Manager should have showed up at her door immediately, if she takes it further they are in a pit of trouble, whatever your warped sense of the law is! God forbid but if the child had died, he could have been looking at manslaughter charges.

    If shops are caught with out of date food on their shelves they can be closed down not to mention actually selling the food to consumers, especially baby food!


  • Registered Users, Registered Users 2 Posts: 5,517 ✭✭✭axer


    Boggles wrote: »
    She learned her lesson? Are you for real?
    Yes, she learnt her lesson that she should always check the dates on food items before consuming. Sometimes even checking the dates is not enough as damage to packaging can cause food to spoil. Look and smell to help detect food gone bad.
    Boggles wrote: »
    The store supplied her with poison for her child and you claim that she was some way responsible???
    She bought out of date product that somehow managed to either reach the self or stay on the shelf longer than it should have. I think she should have checked the date. I am not taking full blame away from the shop but they are only as strong as their weakest link and that is usually the staff. What I mean is there is always a chance that some items will be overlook or get mixed up and go out of date on a shelf. I would never trust that a shop would have 100% stock in date at any given time as it is next to impossible - actually I would say it is impossible without incurring serious costs and I would doubt that any supermarket in Ireland has 100% stock in date in their store.
    Boggles wrote: »
    The Manager should have showed up at her door immediately, if she takes it further they are in a pit of trouble, whatever your warped sense of the law is! God forbid but if the child had died, he could have been looking at manslaughter charges.

    If shops are caught with out of date food on their shelves they can be closed down not to mention actually selling the food to consumers, especially baby food!
    Then as I suggested the Food Safety Authority are the people to contact.


  • Registered Users, Registered Users 2 Posts: 41,348 ✭✭✭✭Boggles


    axer wrote: »
    She bought out of date product that somehow managed to either reach the self or stay on the shelf longer than it should have. I think she should have checked the date.

    She was Sold an out of date product....

    What you think doesn't make any difference, to suggest she is to blame for any of this is nonsense. No one can be held responsible for the shortcomings of the store, but the store itself.

    Let me ask you this, would the store be more at blame if the lady had problems with her sight and was unable to read the date???

    It is illegal to sell food which is not suitable for consumption. That is the bottom line, in this instance the store is always at blame, Full Stop.


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