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ASDA Out-Of-Date!


luke123456
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Hi

 

I need someones help please.

 

About a week ago I went into an ASDA store and brought 2 packs of coffee. I went back home and relasied they were out of date, both of them.They had expired in June last year. So this was not a recent thing!!

 

I returned to speak to the manager, who also relaised that the whole shelf had out of dtae coffee, and only about 2 or 3 were OK. So he said all he was going to do was offer me a refun and exchange the 2 I had brought for the 2 that were still OK.

 

He said he would not do anything else. Surely this is not right!

 

What should I do, write to the store, or the Food Standards people?

 

Really appreciate your help. I have 28 days exchange policy but this is out of the matter now....... right?

 

I really want to sort htis out, please guys.

 

Thanks in advance

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Sorry, I dont know what outcome you expect here? looks like they have been sent a duff batch, not their fault, because nothing is going to be hanging about in the warehouse for a year.

 

You have been offered a fair settlement, accept it, and the coffee would have been fine anyway, I have found old coffee in the back of the cupboard and as long as it is sealed, it is fine.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Coffee has a best before date - this is the date, before which, it will be at it's best.

 

It is not illegal to sell products past their best before date. Sell by dates are a whole different matter.

The advice I give in relation to benefits should be viewed as general advice and not specific to your individual claim circumstances. I cannot give specific advice on your claim as I cannot access the claim.

 

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I still maintain the the OP was offered a fair and equitable solution, a refund AND a replacement. Coffee, like other dried and vac packed products have a long long time before they become unfit, even though there is a sell by or a best before date.

 

The OP failed to say whether or not they opened the package, it sounds like they didnt open it, therefore the shops offer was fine.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Nothing wrong with what the OP was offered this was over and above what the store needed to offer, I was merely pointing out the difference between best before and sell by dates to the OP

The advice I give in relation to benefits should be viewed as general advice and not specific to your individual claim circumstances. I cannot give specific advice on your claim as I cannot access the claim.

 

If you find the advice useful please click on my scales.

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The offer was in line with what people expect and what first line management will offer however I would have wanted more.

Always retain the product it`s your and you have paid for it.

If you don`t feel the compensation was adequate you can lodge a complaint trading standards. Trading standards will retain your product and write to the offending company.

They with your permission can bring an action against the store but until you give that permission nothing will happen.

Amazing how the compo improves when you get to this stage.

On accepting the new compo offer the product is returned by trading standards to you that is an end to the matter. The company will require the product to complete the deal.

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Know your food dates

 

Do you know your 'use by’ from your ‘best before’?

 

A survey by the Food Standards Agency suggests that many of us are not sure what these dates mean.

  • 28% of people incorrectly think food past the ‘use by’ date is past its best but not necessarily unsafe
  • 37% of people incorrectly think food should not be eaten beyond the ‘best before’ date

So what do these terms really mean?

 

Most prepacked foods must by law be marked with either a ‘use by’ or ‘best before’ date. It is important to know the difference between these two dates to ensure the food you eat is safe while not unnecessarily throwing away food.

‘Use by’ dates are marked on foods that are highly perishable and could ‘go off’. These foods can become unsafe if eaten past the date. Examples of such foods are those kept chilled e.g. meat, fish and many dairy products (milk, soft cheese, cream). It is important that you store these foods properly at home to make sure they last until the marked date.

It is strongly recommended that food beyond a ‘use by’ date is disposed of and not eaten. It is an offence for a shop to sell food past a ‘use by’ date.

‘Before dates’ are used for all other foods and indicates the best time by which to eat the food to ensure it is of the quality expected e.g. taste, colour and texture. It should be safe to eat foods marked with a ‘best before’ after the date but it may no longer be at its best.

Some foods which you may expect to have a ‘use by’ will have a ‘best before’ date if they have been treated in some way. For example milk may be ‘ultra heat treated’ (the initials UHT may be used on the label). These foods have a longer life and are marked with a ‘best before’ date.

Eggs are an exception to these rules. They should not be eaten after their best before date. Eggs can contain bacteria and the risk increases as the egg gets older. In particular children, elderly people, pregnant women and anyone who is unwell are more at risk. Eggs should be stored in the fridge and properly cooked so the yolks and whites are solid.

Sometimes people refer to the term ‘sell by’. This is no longer a legally recognised term used for food labelling.

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Asda fined for out-of-date food

 

_42961913_asda_getty_203b.jpg A customer complaint to trading standards sparked the investigation

 

Supermarket giant Asda has been fined nearly £80,000 after two of its stores in south Wales were found to be selling out-of-date food.

In one case, trading standards officers found a pack of lamb chops 31 days past its use-by date on the shelves of its Cwmbran store. Magistrates in Abergavenny fined Asda £78,750 and ordered it to pay £10,000 costs after it admitted 59 offences. The firm said staff have since been disciplined and teams retrained.

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I remember speaking to a TSO when we came across some food colouring powder that was 5 years out of date (yes - 5) (it was a best before). The action? None, becuase the stuff was "probably still ok".

 

They will look at any detriment caused and potential risk to health. I think the worst that would happen here is that the coffee would not tatse as good as it should do. For that then I still feel a refund or replacement is quite adequate. However I would still inform Trading Standards - having a whole shelf full of an out of date product without drawing people's attention to it demonstrates either a blatant disregard for proper procedures (or legislation) or that their systems have failed somewhere.

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Hang on, I dont get this.

 

You bought 2 out of date packets of coffee.

 

You took them back.

 

They refund you, and give you 2 packs of in date coffee.

 

So you have 2 free packs.

 

What more do you want?

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

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Hey thanks guys.

 

Maybe I expalined it wrong.

 

I was NOT given a refund and 2 free packs.

 

I was simply offered a refund OR an exchange.

 

I did not open the products.

 

The manager showed no sign of caring, he said Ill give you a refund or exchange them. I asked is that the best you can do? He said what more do you want me to do???? In a very rude way. I shall surely be writing to Food Standards as someone has said.

 

I dont think i am being unreasonable at all. He was very rude.

 

Thanks guys

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So what do you expect? A years free shopping?

 

He has offered to give you your money back, or change them for new. It was probably a fair mistake to make. Just take the money and shop elsewhere. Writing to trading standards is a waste of yourtime, their time and our tax money that is paying for them to read the waste of time letter.

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So what do you expect? A years free shopping?

 

He has offered to give you your money back, or change them for new. It was probably a fair mistake to make. Just take the money and shop elsewhere. Writing to trading standards is a waste of yourtime, their time and our tax money that is paying for them to read the waste of time letter.

Exactly.

 

Goods don't conform to contract.

 

Retailer swaps them for those which do, or rescinds.

 

Common sense.

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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More to do, I think, with Food Safety Act in terms of providing food not of the nature, substance or quality demanded.

 

Trading standards should be informed in terms of the company's procedures seeming to be falling flat on its ar*e, but compensation is probably out of the question.

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Hey thanks guys.

 

Maybe I expalined it wrong.

 

I was NOT given a refund and 2 free packs.

 

I was simply offered a refund OR an exchange.

 

I did not open the products.

 

The manager showed no sign of caring, he said Ill give you a refund or exchange them. I asked is that the best you can do? He said what more do you want me to do???? In a very rude way. I shall surely be writing to Food Standards as someone has said.

 

I dont think i am being unreasonable at all. He was very rude.

 

Thanks guys

 

 

I think that the Manager should have offered you a giftvoucher to spend in Asda, it wouldnt have cost him much and you would have gone away happier. Lets face it - you did him the favour of pointing out that that he had a whole row of out of date coffee, which although was probably fine, does not look great for the company.

 

I am always honest, but polite when I have situations like this - 9 times out of 10 I get a good result - if you are just clear about what you want from them, they know where they stand - just ask for a voucher as a gesture of goodwill, gently pointing out that it could have been worse for them if the packets had remained there! I never offend, but "greet a frown with a smile" and you will be surprised, it really brings out the best in people - you have to remember these guys often get a lot of abuse from customers which is bound to toughen them up!

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