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my daughter has her head down the toilet being sick right now. why i would say its the Doritos sour cream and chives that she bought today from our local supermarket the sell by date is 3rd December 08 very

unhappy about this i phoned there head office expecting an apology at the very least no apology didn't even want to know where the shop was all they said was has she still got her receipt (yes) well when she stops being sick tell her to take it back for a refund customer services what costumer service :mad::mad::mad::mad:

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Have you reported this to the manufacturer im sure that they will not be pleased that there products are being sold out of date.

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Are these the sort that are just crisps or is there a sour cream dip thing as well? Crisps have a best before, not a use by normally, the difference is that with a use by it is considered unsafe to eat after the date because it could make you ill (this often applies to dairy and other perishables) but best before dates usually mean it's safe to eat after the date but may not be as nice (e.g. biscuits might be soggy). Could you clarify what you mean by the "sell by" date as that doesn't exist.

 

If they are selling food after a use by it is illegal (AIUI, it is not illegal to sell after a BBD) and so they should be dealing with it seriously - even though mistakes occasionally can happen which lead to older stock staying on the shelves. She really should have checked the date on the stock though - I always do, sometimes if you're buying stuff to eat in the next few days you don't want it to go o/d early!

 

You also have to be sure it's the doritos she ate which caused it and not a stomach bug - it's the time of year when norovirus seems to go around a lot which causes the same symptoms as food poisoning, i.e. puking and the runs.

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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Is there any of it left?

If there is put it into a plastic container - or plastic cup which has been sterilised with boiling water and put it in the freezer labeled with the time and date.

 

Even a tiny residual sample should be stored away in a feezer.

Naturally, keep the original container, label and tioll receipt.

 

Get your daughter to write a statement of exactly what happened. Do that now with time and date. Store it away.

If it was not she who bought the item then get a full statement from the person who did - right now, timed and dated.

 

Visit the shop. See if they have any other items there which are also beyond their sell-by date. Take good pictures of as much as you can - cl;ose ups of dates - before the shop staff stop you.

 

Which shop is it?

Better still, divide it into two or three samples and store them in the way that I have described.

 

Write a letter of complaint to trading standards describing eactly what happened.

What was the shop? Small independent? or a chain?

 

She must go to the doctor immediately. Get an examinattion and tell the doctor exactly what happened. you will probably need a doctor's report.

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best before 3/12/08 it was a dip i know its not food poison. Worked as a cook for years so know all about that. she is probably being sick at the thought of it. Its the customer service attitude that cheesed me off not even I'm sorry or which one of our shops did you by it in so we can get in touch with them to check there stock nothing but i will be writing a letter to there head office to complain about it

it was a somerfield supermarket

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it is actually the crisps or the dip? if it is the crisps it is highly unlikely that it will be them that are causing this sickness, however, if it is the dip then that is another story alltogether.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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best before 3/12/08 it was a dip i know its not food poison. Worked as a cook for years so know all about that. she is probably being sick at the thought of it. Its the customer service attitude that cheesed me off not even I'm sorry or which one of our shops did you by it in so we can get in touch with them to check there stock nothing but i will be writing a letter to there head office to complain about it

it was a somerfield supermarket

IANAL but if it's a best before they aren't doing anything wrong (but the dip is a different matter - it should be packed with a UBD not a BBD).

 

It may not be the dip though... it could be psychological or norovirus or something else. They'd probably need to test a sample of the food and her puke to be sure.

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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There is the offence of selling food not of the nature, substance or quality demanded (Food Safety Act, s.14 off the top of my head). As FC has pointed out, it is OK to sell food beyond its best before date, but this should be drawn to your attention, otherwise the offence could be committed.

 

Do as BF says in storing it and report to Traing Standards or Environmental Health (some local authorities combine them or they cover the same area). They may want a sample, though they may also refuse on the grounds that since purchase, it has become contaminated (the standard practice is to purchase an item form the seller and test that item). But certainly report it. It shows a lack of proper procedures in place.

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