Bought out of date pate in Tesco, what next?

Cherrycola

I bought a Blue Haven Food Company smoked salmon pate in Tesco today, got it home and just before i opened it decided i better check the date seeing as im 36wks pregnant and pate can be iffy, and low and behold the date says 9.4.12! 3 days out of date!

So is this a Tesco issue, or Blue haven, as in do they do their own merchandising of their product instore?

And what should i expect when i return it? I dont want to hand it back and be pawned off with a refund and an apology, if i had eaten it god knows what damage it could have done! Pate and smoked salmon are two things highlighted to be careful about in pregnancy, and i have steered clear until now, but just got such a longing for it today when i saw it, and i love Blue Haven in Kinsale.

JustLen

Was it nice?

htcocacola

all you'll get is a refund or a replacement

byhookorbycrook

You aren't entitled to more than a refund, I'd imagine.

milltown

I don't see why they would offer any more than a refund and an apology. What are you hoping for?
I thought the likes of paté was a no-no with a bun in the oven anyway.

Edit: I just re-read the OP. You knew that both paté AND smoked salmon were to be avoided so you bought a smoked salmon paté?

Cherrycola

htcocacola wrote: »

all you'll get is a refund or a replacement

Might contact Blue Haven directly so, at least to let them know that Tesco are not rotating their produce which could have a negative impact on them should someone get food poisoning!

Thoie

Even if it jumped out of the fridge and stabbed you repeatedly in the face, you can only reasonably expect a refund or exchange.

Bring it back to Tesco, with the receipt showing when you bought it (so they know you didn't buy it a week ago and leave it sitting around for ages).

Cherrycola

milltown wrote: »

I don't see why they would offer any more than a refund and an apology. What are you hoping for?
I thought the likes of paté was a no-no with a bun in the oven anyway.

Not pate as such, but a contaminated version of it could cause listerosis, very rare but could happen, and of course eating out of date pate is probably going to increase the risk! something i didnt set out to do!

JustLen

Or have them charged with conspiracy to commit food poisoning that will teach 'em.

Sorry

Cherrycola

milltown wrote: »

I don't see why they would offer any more than a refund and an apology. What are you hoping for?
I thought the likes of paté was a no-no with a bun in the oven anyway.

Edit: I just re-read the OP. You knew that both paté AND smoked salmon were to be avoided so you bought a smoked salmon paté?

Thats my choice, as long as its fresh its fine, but they sold me an out of date product which would increase any risk dramatically.

Their only responsibility is to sell me a fresh product

foggy_lad

You are not technically entitled to anything, no refund or replacement as you bought it "off the shelf" in a supermarket, It was your responsibility to check the date! If you had been served the goods by a local shopkeeper in some old type shop you would have the right to return the goods but in a supermarket it is buyer beware as far as best before dates go.

Cherrycola

foggy_lad wrote: »

You are not technically entitled to anything, no refund or replacement as you bought it "off the shelf" in a supermarket, It was your responsibility to check the date! If you had been served the goods by a local shopkeeper you would have the right to return the goods but in a supermarket it is buyer beware as far as best before dates go.

Thats actually really interesting, i didnt know that.

So a supermarket can sell out of date food without any comeback? How do they get away with that?

foggy_lad

They can put anything they want on the shelves including damaged goods, out of date foods and opened packets etc and it is your choice to buy or not.

http://www.fsai.ie/faq/shelf_life.html

Q. Is it illegal to sell food beyond its best-before date?

No. There is nothing in legislation that prevents a packaged foodstuff being offered for sale on or after its ‘best-before’ date provided that the foodstuff is still in a fully acceptable condition. However, if the out-of-date stock is to be sold to the consumer, it is strongly recommended to indicate to the consumer that the foodstuffs are past their ‘best-before’ date. This will assist in ensuring that the consumer is not misled as to the true nature of the product which is an offence.

Q. Is it illegal to sell food beyond its use-by date?

Foodstuffs with a ‘use-by’ date should not be offered for sale after this date due to the possible deterioration of these highly perishable products and the associated risk of illness if they are consumed. Regulation 852/2004/EC on the hygiene of foodstuffs (transposed by European Communities (Hygiene of Foodstuffs) Regulations, 2006 (S.I. No. 369 of 2006) states that the primary responsibility for food safety rests with the food business operator. In addition, Regulation 178/2002/EC states that food must not be placed on the market if it is unsafe. Unsafe food is defined as being a) injurious to health b) unfit for human consumption. Selling a food past its ‘use-by’ date, when it is potentially unsafe, would be in breach of legislation.

This looks like it is illegal to sell items which are past their "use by" date but if you read carefully it is more to stop stores knowingly placing out of date items on sale. if they put items on a shelf for sale and they subsequently go out of date it is up to the buyer to check the dates when purchasing.

Cherrycola

just found this on a google search, seems to claim otherwise as this was a fresh product with a Use-by date not a best before date

http://www.boards.ie/vbulletin/showpost.php?p=54735444&postcount=32

The link attached doesnt work anymore, but i found this:

http://www.fsai.ie/faq/shelf_life.html

Q. Is it illegal to sell food beyond its use-by date?

Foodstuffs with a ‘use-by’ date should not be offered for sale after this date due to the possible deterioration of these highly perishable products and the associated risk of illness if they are consumed. Regulation 852/2004/EC on the hygiene of foodstuffs (transposed by European Communities (Hygiene of Foodstuffs) Regulations, 2006 (S.I. No. 369 of 2006) states that the primary responsibility for food safety rests with the food business operator. In addition, Regulation 178/2002/EC states that food must not be placed on the market if it is unsafe. Unsafe food is defined as being a) injurious to health b) unfit for human consumption. Selling a food past its ‘use-by’ date, when it is potentially unsafe, would be in breach of legislation.

Cherrycola

So i suppose Tesco would be in breach of this legislation, as they sold it to me, not Blue Haven.

Ideally what would is the desired outcome OP? What do you think they should do in addition or instead of a refund or exchange?

jor el

First of all, you need to calm down a bit. Going on about contaminated food and all the harm that could have been caused is a complete over reaction, and not helping. You weren't poisoned, so stop making out like this is worse that it actually is.

The next thing is with regard to it being "out of date". This is something that people miss-read and miss-quote upon all the time. Just because something is past it's best before date, doesn't mean it's instantly poisonous, or in any way bad for you. Nor does it mean it's not fit for consumption.

Check is the date a use by, best before, or display until date. Best before simply means a product is going to be at it's best, before this date. Use by indicates that you should use it before that date, and that beyond this date the product should not be consumed. It does not mean that there will be any ill-effects of consuming it beyond this date, but just advises that you shouldn't risk it. It certainly doesn't mean that the product is contaminated. A sell by or display until date is only an indication to the retailer to sell it, and does not make any claims for the quality of the food or it's expected fresh life.

http://www.safefood.eu/Consumer/Preparing-food/Storage.aspx

Bring the product back to Tesco for a refund. Mistakes happen, that's why the dates are there for you to easily check and see for yourself.

Cherrycola

Who knows, but applying the same refund policy to a product that could have caused serious damage had i eaten it, seems a bit of a lucky escape for them, and as a result will they still carry on selling out of date food without any repercussions?

Cherrycola

jor el wrote: »

First of all, you need to calm down a bit. Going on about contaminated food and all the harm that could have been caused is a complete over reaction, and not helping. You weren't poisoned, so stop making out like this is worse that it actually is.

The next thing is with regard to it being "out of date". This is something that people miss-read and miss-quote upon all the time. Just because something is past it's best before date, doesn't mean it's instantly poisonous, or in any way bad for you. Nor does it mean it's not fit for consumption.

Check is the date a use by, best before, or display until date. Best before simply means a product is going to be at it's best, before this date. Use by indicates that you should use it before that date, and that beyond this date the product should not be consumed. It does not mean that there will be any ill-effects of consuming it beyond this date, but just advises that you shouldn't risk it. It certainly doesn't mean that the product is contaminated. A sell by or display until date is only an indication to the retailer to sell it, and does not make any claims for the quality of the food or it's expected fresh life.

http://www.safefood.eu/Consumer/Preparing-food/Storage.aspx

Bring the product back to Tesco for a refund. Mistakes happen, that's why the dates are there for you to easily check and see for yourself.

Ive already posted that it was a use by date, and a link to the breach of legislation according to the fsai website.

I dont think i need to calm down, im only asking for advice!

Diddler1977

Cherrycola wrote: »

I bought a Blue Haven Food Company smoked salmon pate in Tesco today, got it home and just before i opened it decided i better check the date seeing as im 36wks pregnant and pate can be iffy, and low and behold the date says 9.4.12! 3 days out of date!

So is this a Tesco issue, or Blue haven, as in do they do their own merchandising of their product instore?

And what should i expect when i return it? I dont want to hand it back and be pawned off with a refund and an apology, if i had eaten it god knows what damage it could have done! Pate and smoked salmon are two things highlighted to be careful about in pregnancy, and i have steered clear until now, but just got such a longing for it today when i saw it, and i love Blue Haven in Kinsale.

Of course you will get a refund.

What further compensation are you looking for?!!!!

Compensation for what?!!! There was no damage done.

Go back to Tesco, get your refund. End of.

(You being compensated will not mean that this won't happen again - I am sure it was an honest mistake. Your pointing out to them what happened will possibly make them a bit more proficient at shelf checking)

ytpe2r5bxkn0c1

Cherrycola wrote: »

Thats actually really interesting, i didnt know that.

So a supermarket can sell out of date food without any comeback? How do they get away with that?

Hang on. You chose the product and you bought it. Nobody sold it to you as anything other than what it was. It is up to you to check the date before you chose to buy it.

In practice they will refund or replace it but you have no case about contaminated food or risk. It's no big deal from the point of a consumer issue and no fault but your own.

And, just as an aside, from our resident Mid-wife here : It's not safe to eat any sort of pate when you're pregnant, including vegetable pate.

All forms of pate made from meat, vegetables or fish, may contain higher levels of listeria bacteria than other foods. The risks are low but regardless of "freshness" Pates are best avoided

keithclancy

<SNIP>

dudara

You'll probably get a refund, maybe even a little more. Tesco will possibly also be interested to see it, as it will point out a gap in their stock rotation.

Blue Haven are one of the few companies to do their own merchandising and they do sale or return on their products. I have found them to be very lax when it comes to their dates. Seems to me they only come in every few weeks. I'd say to contact Blue Haven directly as you may get more joy out of them, few freebies etc. Tesco will give you a refund, nothing else.

String

I dont know what you expect. It is impossible to have everything off the shelf as soon as the best before date is reached. People who dont give a sh*t are stocking the shelfs, and generally when you restock you are meant to bring the older product forward but when they restock, they put the newest at the front so older stuff will get left behind, nothing tesco execs, management etc can do about it. Just go in and get a refund. Dont be making a big deal about it..

Paulw

Cherrycola wrote: »

Thats my choice, as long as its fresh its fine, but they sold me an out of date product which would increase any risk dramatically.

Their only responsibility is to sell me a fresh product

Is it not a case that you bought it? You selected this from the shelf, and you didn't check the date before purchase.

You will most likely just get a refund and I can't see any reason why you would be entitled to anything else. You already knew the product could be dodgy, considering your condition.

ytpe2r5bxkn0c1

Deleted User wrote: »

Blue Haven are one of the few companies to do their own merchandising and they do sale or return on their products. I have found them to be very lax when it comes to their dates. Seems to me they only come in every few weeks. I'd say to contact Blue Haven directly as you may get more joy out of them, few freebies etc. Tesco will give you a refund, nothing else.

Firstly, it was Tesco that the OP purchased from and not Blue Haven. Secondly, that is a deplorable attitude to want to complain to the party that would give the "few freebies"! :mad:
The OP bought without checking the product. The retailer will refund - no harm, no crime, no big deal.

Nanazolie

1. I don't fully agree with the "the customer is responsible to check the use by dates". I worked in Tesco years ago, and it's the staff job to ensure that products are not out of date. Having said that, mistakes happen and there are zillions of products to be checked daily so it's up to you, the customer, to be vigilant

2. Pates are a no no during pregnancy, but it's hard to resist the full 9 months. But if you do give in, at least make sure that what you are buying is extra fresh.

3. You didn't even eat the thing, so just bring it back, ask for a refund and that's it. The fact that you are pregnant shouldn't even have anything to do with it, anyone is entitled to a refund if they buy something passed the "use by" date. It's not even worth opening a thread about it. As for looking for compensation from the company or from Tesco, I don't see why they would do that. The company has nothing to do with Tesco omitting to remove the product from their fridge, and no one died or got even sick.

nukin_futs

Cherrycola wrote: »

I bought a Blue Haven Food Company smoked salmon pate in Tesco today, got it home and just before i opened it decided i better check the date seeing as im 36wks pregnant and pate can be iffy, and low and behold the date says 9.4.12! 3 days out of date!

So is this a Tesco issue, or Blue haven, as in do they do their own merchandising of their product instore?

And what should i expect when i return it? I dont want to hand it back and be pawned off with a refund and an apology, if i had eaten it god knows what damage it could have done! Pate and smoked salmon are two things highlighted to be careful about in pregnancy, and i have steered clear until now, but just got such a longing for it today when i saw it, and i love Blue Haven in Kinsale.

You bought it from Tesco, i.e. you paid at a Tesco till, not a Blue Haven till, therefore the contract is with Tesco. They are your first port of call.
As discussed there is a difference between 'best-before' and 'use-by'. In general Tesco usually move sellable stuff that is approaching the best-before date to a small section of shelves for sale at a discounted price.
Regardless of the difference between 'best-before' and 'use-by' IMO if you return to the Tesco customer service desk they will refund you. Beyond that there is no entitlement for them to do anything else.
If you had eaten it and had suffered some consequnce that can be proven to be related to this product you could probably have taken legal proceedings. As this did not happen there is nothing else to say.

Dodge

nukin_futs wrote: »

If you had eaten it and had suffered some consequnce that can be proven to be related to this product you could probably have taken legal proceedings. As this did not happen there is nothing else to say.

Just on this, I don't think any legal proceedings would be succesful even then. As long as the date is clearly marked, I'd argue strongly its up tot he consumer to check that before purchasing, and certainly before consuming

Le_Dieux

I am just amazed this is even a thread.

Mistakes happen, nobody can be sure this product was left on the shelf purposely or not.

Just cannot understand why, if it is such a dangerous digestive product to somebody who is pregnant, that the OP even bought it.

UglyBolloxFace

Cherrycola wrote: »

And what should i expect when i return it? I dont want to hand it back and be pawned off with a refund and an apology, if i had eaten it god knows what damage it could have done! Pate and smoked salmon are two things highlighted to be careful about in pregnancy, and i have steered clear until now, but just got such a longing for it today when i saw it, and i love Blue Haven in Kinsale.

Sounds like you're itching for some compo :rolleyes:

wmpdd3

tesco is responcible as they are the retailer and you are the customer

it is a health ans safety violation to sell food past the use by date.

in a health inspection, it would be a red

if you complain to tesco, it will be brought to the duty managers attention, they will pass the details to the department line manager. its up to this manager to bring it up with the merchandiser.

i would bring it back to tesco for a refund, but also get in touch with blue haven so the merchandiser will here about it from both sides.

Cherrycola

Thanks for all the input everyone.

Sam Mac

As my mother said to me many times when I was going on a rant about out of date foodstuffs at home, she said "you know back in my day there was no such thing as best befores"!

laughter189

Cherrycola wrote: »

Thanks for all the input everyone.

You should'nt have bought it - but since you did , just go back with receipt and get a refund

Diddler1977

UglyBolloxFace wrote: »

Sounds like you're itching for some compo :rolleyes:

Sure does!

Wonder how much compo the op wants (compensation for "no damage" :rolleyes:) €1000?! €2000?!

sandin

Cherrycola wrote: »

Might contact Blue Haven directly so, at least to let them know that Tesco are not rotating their produce which could have a negative impact on them should someone get food poisoning!

Cherrycola wrote: »

Not pate as such, but a contaminated version of it could cause listerosis, very rare but could happen, and of course eating out of date pate is probably going to increase the risk! something i didnt set out to do!

Cherrycola wrote: »

So i suppose Tesco would be in breach of this legislation, as they sold it to me, not Blue Haven.

Cherrycola wrote: »

Who knows, but applying the same refund policy to a product that could have caused serious damage had i eaten it, seems a bit of a lucky escape for them, and as a result will they still carry on selling out of date food without any repercussions?

Totally OTT.

There's a phrase being used by more and more by courts these days - "PERSONAL RESPONSIBILITY"
e.g. - You have to take a wee bit of reponsibilty for your own actions.

Sight - you can read? Hence, you can read the use by date.

The best before / use by dates are printed on goods so that you as a consumer buying the goods can see if it is fresh. Use by dates are always printed in a prominent position, so unless you have severe eyesight problems, then you have some responsibilty to ensure you buy in date product. Also - the use by dates are always so safe that in the cases of many foods you can add a week or more to the date (but up to your judgement) (and I am not mixing best before dates - best before goods can be fine for years after the date)

If it could be proven that the store PURPOSELY left the out of date product on the shelf, then the FSAI would have a case against the store - not you.

The store has made an error - that is all.

Your getting into a tissy on such a minor issue - bring it back get a refund or feck it in the bin. Then move on with life.

anyway - you reminded me that the rib eye steak I bought last week in the clearance shelf with use by of April 8th, should be near perfect for cooking tomorrow. (though it could do with another week or so hanging to be 100% perfect - 2 weeks after the use by date)

Pkiernan

Cherrycola wrote: »

Ive already posted that it was a use by date, and a link to the breach of legislation according to the fsai website.

I dont think i need to calm down, im only asking for advice!

Advice on what - how much compo you can get??

FFS, just bring it back and ask for your money back.

dudara

Posters - that's enough on the compo comments. The OP has received some good advice here. No need to attack them.

dudara

Retailer

im summary:

• tesco are responsible to you, the consumer, and not Blue Haven in this case
• selling products that are past their 'use by' date is in breach of regulations
• products marked 'best before' can be sold after that date so long as the customer is informed before purchase

Don't expect anything more than a refund and an apology. It was a mistake and pointing it out to Tesco will be doing them a favour. They will hopefully take it on board and ensure it doesnt happen again

ScouseMouse

Deliberately selling you something past its use by date is a breach of regulations.

Accidentally selling you something past its use by date MAY not be.

Get a refund for it and take it for what it was. A mistake.